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

Dr. Peter Troxler trox at fabfolk.com
Wed Sep 10 18:53:31 UTC 2014

important question

I have a couple of thoughts on that

(1) there is defensive publication — e.g. ip.com or defensivepublications.org which uses the same database (apparently submission is free there). 
http://www.nature.com/bioent/2003/030101/full/nbt0202-191.html describes the background of defensive publication and why it is not an invention of open source evangelists, but a byproduct of hardcore IP protection strategies (with illustrative examples from genetic technology).

(2) I’m wondering if describing open source hardware in “claims” (as they do in patens) and obscure diagrams and then submitting to above sites would “help” lawyers understand open source hardware better …?

/ Peter

On 10 Sep 2014, at 20:40, 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
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