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LEGAL NOTICE:

PES Network, Inc. and PESWiki are not authorized to dispense legal advice.

The information contained herein is not presented as professional counsel,

but is presented as a resource for casual consideration.

Patents

Patents as a tool or an impediment -- ramifications for free energy technologies. The general patent mentality discourages cooperation, which stymies progress and innovation.

Alternative: Intellectual Passport

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Latest: There was an error working with the wiki: Code[1] > Directory:Patent Resources > Intellectual Passport Bypasses Convoluted Patent Journey - The Intellectual Passport CB is said to provide stronger security than a patent, while being much easier and cheaper to file for international coverage, with no renewal fees, lasting longer, and dating to when the idea can first be proven to have been originated. Best of all, it is not contingent upon the political whims of a patent office, set against exotic modalities. (PESN March 7, 2011)

Prior-Art better than Patent - Recommends the use of Prior-Art as a tool for we open source folks who don't trust the PTB. I also recommend the "dead man" technique of sending your idea to many people with instructions to keep hope alive after you are gone. Send it by snail mail or the recipients may be in danger, too. (ByronWine.com September 19, 2005)

Key Tools

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Google search engine for US patents - Google is now live with a service enabling Internet users to search through the more than seven million patents granted in the United States.

Patents - Patents as a tool or an impediment -- ramifications for free energy technologies. The general patent mentality discourages cooperation, which stymies progress and innovation. (FreeEnergyNews index page)

'''International Patent Lookup

US Patent Lookup

'''Patent Assignment

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FreePatentsOnline.com - Provides fast, easy-to-use access to millions of patents and patent applications. Claims to be the most powerful patent search engine on the web, with an ever-expanding data collection. (Thanks James Ryley, site founder)

Invention Patenting Group - Independent Inventors and Entrepreneurs Seeking Angel Investors - We provide crowdfunding for your provisional patent applications, design patents, and utility patents, and marketing services including selling your inventions, licensing your patents, and manufacturing products.

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The Peer to Patent Project Blog - The Community Patent Project, supported by IBM, aims to design and pilot an online system for peer review of patents. The Patent system will support a network of experts to advise the Patent Office on prior art as well as to assist with patentability determinations. (SmartMobs.com Jan. 16, 2006)

Incentives

USPTO Announces Program to Accelerate Review of Green Technology - In December, the U.S. Patent and Trademark Office (USPTO) announced a pilot program to accelerate the examination of certain “green” technology patent applications, which will be eligible for special status and given expedited examination, reducing the amount of time required to patent these technologies by an average of one year. (Mintz Levin December 10, 2009)

First to File

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Latest: There was an error working with the wiki: Code[1] > Directory:Patent Resources > - Last September, US Patent law changed from "first to invent" to "first to file", so now patent trolls can hunt down good IP that isn't patented, and take over ownership merely by filing a patent first. It has proven hugely demoralizing to the software industry. It could have similar effect in the energy industry, especially open source. (PESN August 22, 2012)

Do it Yourself

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To Patent or Not to Patent a Free Energy Technology? - Addressing the question of when to seek for a patent and when not to seek for a patent on "free energy" technology. Lists alternatives for "game-changing" technologies that should not go the patent route. (PESWiki Oct. 2, 2007)

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Documenting Prior Art - Resources available online and otherwise for documenting a date/time stamp on ideas. Possible resources include: Archive.org, Google cache, YahooGroups, wiki history. (PESWiki)

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Do-It-Yourself Patents - Hugh Loebner has filed 6 patents by himself, thought told that no one should apply for a patent without the help of a lawyer and that any inventor who does so is foolishly risking making a mistake that could cost him or her dearly. (IEEE 24-28 Apr., 2006)

Patent Directories

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AmazingPatents.com - Six CD sets chock full of amazing patents: Jetpack, Mind Control, Flying Car, UFO, Tesla, Weather Control.

Encyclopedia of Incredible Patents, Permanent Magnet Propulsion, Permanent Magnet Motors - Conveniently bound and indexed into one encyclopedia 8½ x 11, comb bound, 230 pp.

'Howard Johnson Magnet Motor Patents

Google Patents Search Tool

Tesla Coil Builders of Virginia - claim to have perfected the design of Tesla's magnifying transmitter. Video tapes, patents.

Books

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Innovation and Its Discontents: How Our Broken Patent System is Endangering Innovation and Progress, and What to Do About It - Book by Adam B. Jaffe and Josh Lerner describes how the United States patent system has become sand rather than lubricant in the wheels of American progress. (256 pages 2004)

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Patent Pending in 24 Hours - Nolo Press, a U.S. legal outfit, presents a basic primer on how to quickly, inexpensively, secure provisional filing protection.

Essays

Legal Ramifications Regarding Building a Patented Device -

... Note that patents must be 'renewed' and be active to be enforceable. ... applicant lots of $$, while providing for the abandonment of lots of patents. ...

Insights into the Proprietary Syndrome, by Ken MacNeill - Sites the U.S. "secrecy order: Title 35, USC (1952) Sec. 181-188, which enables the patent office to issue a warning to an inventor to prohibit him from publishing or privately pursing his technology.

Open Review

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Open Call From the Patent Office - The government is about to start opening up the process of reviewing patents to the modern font of wisdom: the Internet. The pilot project will not only post patent applications on the Web and invite comments but also use a community rating system designed to push the most respected comments to the top of the file, for serious consideration by the agency's examiners. (Washington Post Mar. 5, 2007)

Patent Reviews Via Wiki - http://money.cnn.com/magazines/fortune/fortune_archive/2006/08/21/8383639/index.htm?source=yahoo_quote[Fortune reports on a pilot program where the patent approval process would be opened to outsiders for review. Reviewers can vote and discuss on different proposals, through say a wiki. (Slashdot Aug. 16, 2006)

National Security Gag Order

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Latest: Directory:Suppression / Directory:Legal > Directory:Patent Resources > Directory:35 U.S.C. 181:Secrecy of certain inventions and withholding of patent - The U.S. Patent office has a provision that allows them to slap a "national security" gag order on a patent application. Many free energy technologies have been held back through this means. We present a copy of the law, and a list of some breakthrough clean energy technologies thus held back. (PESWiki Jan. 23, 2010)

Overhaul

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There was an error working with the wiki: Code[1] > USPTO Announces Launch Date for Fast-Track Patent Processing - The United States Patent and Trademark Office (USPTO) has announced that on May 4 they will start accepting requests for prioritized examination of patent applications (for $4,000), allowing inventors and businesses to have their patents processed within 12 months. It currently takes nearly three years to process the average patent. (USPTO April 4, 2011)

New Legislation Would Overhaul U.S. Patent System - Patent Reform Act would award patents to people who first file for the patents, instead of those first to invent, it limits damages patent holders can collect in infringement lawsuits, and it creates a new procedure for those questioning the validity of a patent to challenge it after it's been granted. (PC World Apr. 18, 2007) (See Slashdot discussion)

Patent Skeptics

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There was an error working with the wiki: Code[1] > Directory:Patent Resources > Edison’s Failed Plot To Hijack Hollywood - Tells how Thomas Edison tried--and failed--to control the early motion picture industry through patents, and how his system, had it worked would have stifled innovation and delayed the Golden Age of Hollywood by decades. Edison assembled representatives of the nation’s biggest movie companies and invited them to sign a monopolistic peace treaty. (Wired Sept. 4, 2010)
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There was an error working with the wiki: Code[1] > Directory:Patent Resources > How patents prevent rather than promote adoption of new technologies - Michel Bauwens of the P2P Foundation recently excerpted an article that argues patents might not be the clear-cut technology promotion tool they are hyped up to be. Patents are, at times, a block to technological progress, acting to discourage inventors who have found ways to circumvent the dearly held "natural laws" of thermodynamics and of conservation of energy. (Hasslberger Blog Sept. 6, 2010)

Patent Office Reports on Invention Secrecy - Under the Invention Secrecy Act of 1951, the government may impose a secrecy order on patent applications submitted to the Patent Office whenever the disclosure of the inventions described in such applications "might be detrimental to the national security." At the end of Fiscal Year 2006, there were 4,942 secrecy orders in effect, 108 coming in 2006. (ZPEnergy Oct. 18, 2006)

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U.S. 'National Security' patent absconding - Copy of a notice received for an energy patent that allegedly impinged on U.S. 'national security'. A reason to avoid a U.S. patent for any energy technologies that can make a large difference, and which are not already in the mainstream. (INE)

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Latest / Directory:Best Exotic Clean Energy Technologies: Directory:Patent Resources > Directory:Patent Resources / Directory:Cold Fusion > Directory:Andrea A. Rossi Cold Fusion Generator (E-Cat) > Patent Office Forces E-Cat Self-Destruct Capability - To preserve intellectual property and trade secrets, because the patent office is dragging its feet in granting a patent, Andrea Rossi is being forced to design a self destruct mechanism to be built into every E-Cat (Energy Catalyzer) used by the public. This could delay the public (non-industrial) launch of the technology. (PESN and BeforeItsNews June 7, 2011)
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New Patent Allowances Stifling Innovation and Collaboration - Fortune magazine compares the biotech industry with the computer industry and discusses the effects of the Bayh-Dole amendment, which has allowed universities to make a lot of cash. But in the process innovation and scientific collaboration seem to have been stifled. (Slashdot Sept. 14, 2005)

Patents v. State Secrets - A federal appeals court ruling upholds a sweeping interpretation of the "state secrets privilege" that lets the government effectively kill civil lawsuits deemed a threat to national security. (ZPEnergy Sept. 27, 2005)

Peer-to-Patent - Samuel Rose proposes a democratic peer review alternative to the patent route, which, he says has turned into a bureaucratic nightmare that stifles innovation and fosters litigation. (SmartMobs Oct. 6, 2005)

Comments

Patent filer beware of industrial espionage

From: "J. H. TONN"

Sent: Monday, April 03, 2006 12:44 AM

Subject: for what its worth about patents.

Here is what I learned. I once bought a book for someone that greatly discouraged filing certain patents. Some are being stolen right out of the patent office. Case in point Wang computers. He sued IBM (I think) and won 10 million dollars. Dr. Wang said, I will never patent anything again, but put it inside a black box then it will be fairly safe.

Another case was Dr. Moray who came up with a device that looked very much like the transistor, but someone else filed the patent for that a short time later. Stolen from him or the patent office. Maybe we should have a new slogan: /Patent filer beware/ (of industrial espionage).

See also

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