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  • Complicated patent / prior art question
  • Flaperon
    Full Member

    Though idle following of various technology sites and publications, I notice that a major software and hardware developer has applied for a software patent concerning a form of peer-to-peer application distribution.

    Interestingly, it’s almost exactly the same implementation that I conceived, researched, prototyped etc, and built a proof-of-concept version of for my final year Computer Science project at university.

    My FYP is, AFAIK, still in the university library. While I can’t personally hope to get anything out of this, since the university actually owns the intellectual property to the work, is it worth mentioning it to anyone there?

    I have to admit that I was a bit surprised to see a patent applied for, since it’s a fairly unique and esoteric idea – something that 4 years ago I thought might be one of the “big things” to come but did more out of interest than anything else.

    TandemJeremy
    Free Member

    Prior publication means they cannot patent it assuming its the same idea – in the UK at least. Send a copy of your publication to them and to the patent office.

    wwaswas
    Full Member

    what TJ said – even if you don’t make money from it at least the concept remains ‘public’.

    richmars
    Full Member

    Obviously, the patent office can’t check everything ever written for prior art, so they do miss things. Since your prior art is owned by your university it may be a good idea to get the university IPR manager to take this up, there may be something in it for them.

    Garry_Lager
    Full Member

    Is your undergrad project really in the university library? It must be quite a small uni?
    That doesn’t matter though, it could easily be prior art if it was presented, discussed etc and there were no confidentiality restrictions.

    The term ‘prior art’ is used colloquially, but it doesn’t have any real meaning outside of a court room, outside of a challenge. So if your university wanted to challenge this company on the prior art of their patent they would probably have a case. Whether they would or should is another story, but it doesn’t hurt to make them aware.

    john
    Full Member

    It’s also worth checking if the university actually have a 100% share of the IP – at mine any IP produced by students is shared between all parties (uni, student, supervisors).

    Probably unlikely to come to anything – if it’s published they can just do it anyway, but worth a thought. The uni might even have an IP/commercialization office or similar, because lots of universities are rather keen on that sort of thing.

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