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List:       e-lang
Subject:    [e-lang] Patent disclosure policy
From:       "Jonathan S. Shapiro" <shap () eros-os ! org>
Date:       2002-12-24 19:55:15
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I was recently asked if there is any policy regarding patent disclosure
on the e-lang or eros-arch list. We don't have an explicit policy, but
international patent law regarding disclosure certainly applies.

A precondition for patent is that the idea not be already published.
Most of the lists at eros-os.org, including e-lang and eros-arch, are
public lists. Any idea disclosed on the list has been publicly disclosed
and ceases to be eligable for patent. Knowingly filing a patent
application after such a disclosure is patent fraud. Patent fraud
renders a patent filing invalid, and may lead to civil or criminal
proceedings depending on what happens.

The US used to have a funny 1 year grace period not shared by other
countries. My advice is to assume "once published its unpatentable". Any
competent lawyer would agree.

This is all a matter of law. No policy at the list level has standing to
override it, so I never bothered to consider a policy fo rthis.



Seperately, advocacy of techniques that are known to be patent
encumbered is rude, misleading, and if it is done knowingly it becomes a
form of culpable enticement. Such behavior is strongly discouraged on
these lists.

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