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Re: Software patent debate: we lose round one

• From: Elliotte Rusty Harold <elharo@m...>
• To: xml-dev@X...
• Date: Mon, 29 May 2000 09:10:56 -0400

One very interesting point was brought up in this debate I had not seen before:

Patent filers have an affirmative obligation to disclose all prior 
art of which they are aware, and FAILING TO DO SO IS A CRIMINAL 
OFFENSE.

What if we were to respond to patents for which there is no prior art 
by sending the filers (not the Patent Office) information about prior 
art by both email and registered mail? They would then be obligated 
to take note of this work in their patent application, and failing to 
do so would be grounds for both invalidating the patent and criminal 
prosecution. Thoughts?

+-----------------------+------------------------+-------------------+
| Elliotte Rusty Harold | elharo@m... | Writer/Programmer |
+-----------------------+------------------------+-------------------+
|                  The XML Bible (IDG Books, 1999)                   |
|              http://metalab.unc.edu/xml/books/bible/               |
|   http://www.amazon.com/exec/obidos/ISBN=0764532367/cafeaulaitA/   |
+----------------------------------+---------------------------------+
|  Read Cafe au Lait for Java News:  http://metalab.unc.edu/javafaq/ |
|  Read Cafe con Leche for XML News: http://metalab.unc.edu/xml/     |
+----------------------------------+---------------------------------+

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