[Discuss] The America Invents Act

[hsuanyeh at yahoo.com (Hsuanyeh Chang)]

http://lmgtfy.com/?q=Patent+it+yourself

HYC on the go

? Sep 28, 2011 3:32 PM ??Matthew Gillen <me at mattgillen.net> ???

On 09/28/2011 03:10 PM, Hsuan-Yeh Chang wrote:
I also think you miss my point.  By filing a patent application and
getting it published, your Examiner friend would have citations to
reject late comer's claims.  Should the open source community started
to file patent applications in the few decades, there would have
sufficient number of references to knock out those what you called
"obvious" patents.  Unfortunately, the open source community has been
playing ostrich and willfully disregarded the facts that, today, they
can get a patent application published and serve for prior art
purposes for less than $200 of official fee (if less than 100
pages)...  If the open source developer is rich enough to pursue a
patent, then he/she is free to grant or donate a non-exclusive
license of his/her patent right to the community.  Without having any
patent rights handy, the open source community will forever be a
victim.

http://www.richardspatentlaw.com/faq/how-much-does-a-patent-cost/
Avg. cost of filing a patent: $8,548
for complex computer patent: $13,684

(there are more references like that:
http://www.inventionstatistics.com/Patent_Cost.html
)

No one should have to file for a patent simply to establish prior art.
It was my understanding that prior art could come from any source; it
didn't have to be from documents the patent office manages.  If the
patent office only considers previous patent applications when looking
at prior art, then I think the system is even more broken than I
originally suspected...

Matt
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