Open Source as Prior Art (OSAPA)
In most patent laws, prior art or state of the art is all information that has been disclosed to the public in any form before a given date. However, under United States Patent Law, non-public prior art, such as a sale carried out in secret (e.g., under a non-disclosure agreement), qualifies as prior art in certain circumstances. In Europe, prior art does not include information kept secret, whether from trade secrecy or just a simple lack of interest in publication.
Open Source as Prior Art (should probably be renamed to FLOSS as Prior Art, just to be neutral about some political/social issues). Thus you need to know what FLOSS and Prior Art is. H
Printing all freely available Web-Sites, programs and Source-Codes in some kind of magazine could be an option, but much better is to integrate legal timestamping services into all OSS repositories.
A document is considered prior art as of the date it was published. For it to be published, a document must have been accessible to those interested in it. With electronic documents available on the internet, tagging and indexing generally are not important in determining whether a document qualifies in the strict legal sense as prior art. This is because the law considers the internet to be uniformly searchable and accessible via search engines and other means (regardless of whether or not this is technically correct). The point being that this project is not about making sure the products of open source and free software development qualify as prior art under the law – they already do. Rather, this project is about making sure that those products – which already qualify as prior art – are readily available in usable form to patent examiners with limited time and resources available to them.
Prior Art must be:
The Prior Art has the following properties associated with it
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