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Re: defensive publishing for medical ideas?


From: John Hasler
Subject: Re: defensive publishing for medical ideas?
Date: Mon, 10 May 2004 10:22:13 -0500
User-agent: Gnus/5.1002 (Gnus v5.10.2) Emacs/21.2 (gnu/linux)

Barry Margolin writes:
> But that might result in the patent being granted because the examiner
> didn't check all the obscure journals.  You might still be able to get
> the patent rejected during a reexamination by referring them to the
> obscure journal, but that's more work.

And you might not, and for good reason.  Publication needs to be somewhere
such that the article is likely to be seen by a diligent practitioner of
the art.  Otherwise you could protect trade secrets from being
independently invented and patented by publishing them in a classified ad
in a local village newspaper in Outer Slobovia.

> That's why I made the alternative suggestion of patenting it himself.

And if he just wants to put the idea in the public domain he need only
prosecute the patent until it is published and then abandon it.  No need to
pay all the fees.
-- 
John Hasler
john@dhh.gt.org (John Hasler)
Dancing Horse Hill
Elmwood, WI

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