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   RE: Software patent debate: we lose round one

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  • From: "Jonathan Borden" <jborden@mediaone.net>
  • To: "Tim O'Reilly" <tim@oreilly.com>, "Elliotte Rusty Harold" <elharo@metalab.unc.edu>
  • Date: Mon, 29 May 2000 15:05:25 -0400

Tim O'Reilly wrote:
> Ooh...sounds like a clever idea!  Can I forward this message to slashdot
> and to Dave Farber's IP list to get the idea out more widely?
> Elliotte Rusty Harold wrote:
> >
> > One very interesting point was brought up in this debate I had
> not seen before:
> >
> > Patent filers have an affirmative obligation to disclose all prior
> > art of which they are aware, and FAILING TO DO SO IS A CRIMINAL
> >
> > What if we were to respond to patents for which there is no prior art
> > by sending the filers (not the Patent Office) information about prior
> > art by both email and registered mail? They would then be obligated
> > to take note of this work in their patent application, and failing to
> > do so would be grounds for both invalidating the patent and criminal
> > prosecution. Thoughts?

In addition why not:

Set up a website ... e.g. http://www.patentpriorart.org which would act as

1) a repository for prior art, including art in the public domain
2) automatically forward prior art to the individuals on the patent
3) automatically forward as a "file" to the patent office itself

To keep this discussion on track, we could even do this as an open source
XML project..
Let the deluge begin :-))

Jonathan Borden

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