[Discuss] FAQ on preventing others from claiming ownership of open-source hardware?

Jeffrey Warren jeff at publiclab.org
Wed Sep 10 18:47:40 UTC 2014


But you'd then have to file the lawsuit, right -- the best time to
challenge a patent is before it's issued, and getting in the provisional
database *might* come up more readily on the USPTO's radar at that time.
Certainly more likely than their finding it on Google or something -- and
they're not searching Github, i'd bet.

On Wed, Sep 10, 2014 at 2:45 PM, Tom Igoe <tom.igoe at gmail.com> wrote:

> Wouldn’t previous publication of the design count as prior art in a patent
> lawsuit?  If it even came to a lawsuit.
>
> t.
>
> On Sep 10, 2014, at 2:40 PM, David A. Mellis <dmellis at gmail.com> wrote:
>
> > Hi all,
> >
> > One concern that seems to come up (e.g. in Pablo’s recent email) is that
> someone will try to patent, or otherwise claim ownership of someone else’s
> open-source hardware design. Potentially, this could include trying to
> prevent the original developer of the hardware from continuing their work.
> It seems like it would be good to address this issue in our FAQ (
> http://www.oshwa.org/faq/) — but I’m not quite sure what to say about it.
> >
> > So, what suggestions do you all have for people that are worried about
> their open-source hardware project getting patented or otherwise claimed by
> a third-party?
> >
> > I’ll try to synthesize people’s suggestions into a new FAQ.
> >
> > David
> > _______________________________________________
> > discuss mailing list
> > discuss at lists.oshwa.org
> > http://lists.oshwa.org/listinfo/discuss
>
> _______________________________________________
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>
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