Re: [chairs] Of un-patents and un-inventions

["David Webber \(XML\)" <david@drrw.info>]

John,

Actually that idea set has been tried already :-

see:   http://www.ip.com

http://wwww.priorart.org 

and http://bustpatents.com 

The PTO has studiously ignored these sites;
see:
 http://nanodot.org/article.pl?sid=01/05/03/2320232

What I'm envisioning is something more radical - in that
it would both prevent people from creating IP that 
interferes with work that OASIS has already developed
collaboratively - and also - more importantly establish
the domain area as unpatentable - since we'd be 
declaring that the area itself is work that is obvious 
and self-evident - making a declaration to that effect 
makes it harder for the PTO to say otherwise.

I'm seeing rather than a passive site - this would be 
an aggressive site - that seeks to make whole swathes of
areas around OASIS work essentially unpatentable
by making obvious and self-evident declarations.

A simple template would allow TC members to 
rapidly create unpatents to defend key areas of
the TCs work.  Being able to do these easily is
key.

We can also arm the unpatent template with other
wording to enable these declarations to have more
impacts and bite; especially in an international context.

I'm seeing we can this way build up a substantial
body of these as a bulwark - and to demonstrate
that we are serious in defending our specifications
from unwarranted and negligent interference from 
the USPTO and its process - which clearly is not
in tune with the community needs.

DW

----- Original Message ----- 
From: "John Messing" <jmessing@law-on-line.com>
To: "David Webber (XML)" <david@drrw.info>
Cc: "Chairs OASIS" <chairs@lists.oasis-open.org>
Sent: Monday, March 14, 2005 10:23 AM
Subject: RE: [chairs] Of un-patents and un-inventions


> "David Webber (XML)" <david@drrw.info> wrote on Sun, March 13, 2005
> 10:02 pm
> 
> > Since the USPTO does not seem to ever read public specifications
> > or open sourced licensed components - this would also give the
> > USPTO a convenient means to check the un-invention 
> > registry on Kavi before taking the stupid step of issue one of 
> > their own software invention licenses.
> 
> I think a suitably indexed repository of standards-body developed prior
> art as a reference tool for patent examiners, lawyers and judges is an
> excellent suggestion.
> 
> John Messing
> American Bar Association Representative to OASIS
> Steering Committee member, LegalXML-OASIS
> 
> 
>