3 ms·
theoretically publishing an explanation of the methods and not patenting it is sufficient
by snissn 8y ago
theoretically publishing an explanation of the methods and not patenting it is sufficient
- kevin_thibedeau 8y agoNot since the US changed to first-to-file. A patent can be issued to another party and you can be sued for using your own invention. If an examiner never finds your prior art you're still on the hook to deal with the expensive legal process of defense and invalidation.
- pbhjpbhj 8y agoElsewhere prior use is an absolute defence against being sued for patent infringement; I've not seen USA caselaw on this specific issue but I can't see how it could be different. Prior use in public would count as "prior art" and void a patent too.
- snissn 8y agoI don't think first to file is relevant to prior art ( direct from attorneys for things I've tried to patent this year with medical devices)