RE: Point of No Return? Microsoft Says Recovery from Mal ware Becoming Impo ssible

[Nick FitzGerald <nick () virus-l demon co uk>]

Blanchard_Michael () emc com wrote:

>   So lets say in a publicly archived e-mail list that the patent office
> reads every day, I mention an idea for a new and great widget.  Later
> today I decide that my idea is truly unique and I want to spend the  money
> (couple thousand USD basically) to get a patent for it.  I would be denied
> that patent just because I mentioned the idea publicly?  Even though it
> was truely my idea, I would still be denied the patent?

That is my understanding.  A patent is a form of IP protection for a 
novel invention.  As I understand it, if the idea has been "published" 
before a patent is applied for, then it is not, by definition, novel at 
the time of patent application so is unpatentable.  It is not the 
patent office's job to decide whether your _publishing_ an idea was a 
novel act, just that the invention described in your application is 
novel and patentable.

However, IANAL and I don't live or work in the US legal system...


Regards,

Nick FitzGerald

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