Re: Guidelines: Should mention SIR (Statutory Invention Registration)?

[Brian E Carpenter <brian@hursley.ibm.com>]

That's a national issue. IETF is international.

  Brian

Bob Wyman wrote:
> 
>         I realize that this suggestion comes very late in the game,
> however, I would like to suggest that a slight modification be made to
> the guidelines draft...
>         I propose that the list of section 5.6 be extended to include
> the line:
> 
>         "IP rights which have been waived by publication of a Statutory
> Invention Registration"
> 
>         Although few are aware of it, there is a form of "patent" which
> can be used to explicitly place a method in the public domain. This is a
> "Statutory Invention Registration." It is handled by the US Patent
> Office in much the same way as a patent however, it differs from a
> patent in that the holder of a SIR explicitly and irrevocably *waives*
> any right to obtain a patent. Of course, once a SIR is filed, others are
> also prevented from gaining patents on the same method.
>         Some time ago, I suggested that we include the discussion of
> published patent applications (i.e. 12 vs. 30 months...) as an
> "educational" addition to the draft. I'd like to suggest that SIRs be
> mentioned for the same reason. This is a little known niche of patent
> law and should be highlighted a bit.
>         I have often heard of companies that say that they are obtaining
> patents in order to protect against others doing the same yet they don't
> wish to exercise their patent rights. A SIR would serve just as well in
> such a case yet not require licenses -- no matter how free. Also, I've
> often heard people say that they would like a mechanism that allowed
> ideas to be protected from patent claims. The SIR, an existing
> mechanism, does that just fine.
>         Potentially, if we can educate people to the fact that the SIR
> mechanism exists, we may find that it is used more frequently in the
> future and thus results in fewer problems with encumbered methods. This
> is the sort of mechanism that might also be very useful to the "open
> source" folk since it allows them a means to place ideas into the public
> domain without having to compromise their principles by obtaining
> patents...
> 
> More information on Statutory Invention Registrations can be found at
> the US Patent Office:
> http://www.uspto.gov/web/offices/pac/mpep/documents/1100.htm
> 
>                 bob wyman

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