[Ip-health] researcher

Fri Dec 12 15:23:14 2008

Patenting the invention and than abandoning the rights to the public
domain is certainly way but it is overkill, and overexpensive. Because the
patent system is so literally unruly there is no real way of being sure
you are successful no matter what you do, but the two measures I sent you
privately are as good as the patent route, and less expensive.

You can file a statutory invention registration, a scheme specifically
adopted by the US patent statute, to accomplish the same thing at lower
cost. It might give more protection than the patent route. Then again, it
can give less, because of the unruliness I mention above.

Another way is to file for the patent, opt for publication at 18 months,
and then abandon the application. It gets published, as a patent, there
are no arguments about who owns it (it is public domain) and its scope
is--well, that is the problem with all these solutions. The scope of the
invention and disclosure and thus of public domain is always subject to
the dishonesties of the industry.

Cheaper than all is to simply publish the the invention in as great a
detail and great a breadth as is possible. Published information cannot be
patented--but as of the date of the publication, not as of the date of the
invention.

MD

 Thomas and all,
>
>   FWIW, I believe the only viable path he can follow is to patent
> the product/process himself, and than offer it to anyone whom whishes
> to use it for free.
>
> Thomas Pogge wrote:
>
>> This is a multi-part message in MIME format.
>> --
>> [ Picked text/plain from multipart/alternative ]
>> I've been approached by an accomplished researcher who has a
>> break-through against a major tropical disease. He does not want to
>> profit and wants his discovery to benefit patients rather than
>> companies. He asked me whether he could donate his invention to the
>> Health Impact Fund (obviously infeasible). What's the best way of
>> protecting the invention from patenting by others without obstructing
>> access to it? Thanks, Thomas Pogge
>> _______________________________________________
>> Ip-health mailing list
>> Ip-health@lists.essential.org
>> http://lists.essential.org/mailman/listinfo/ip-health
>
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>
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Mickey Davis
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