[Ferro List] To patent or not to patent
Keith B
ferroist at comcast.net
Sat Jun 14 08:14:35 MDT 2008
Uwe
That's exactly the communication problem I posted about. I'm only
familiar with relevant British and American law, and only to the level
expected of those involved in corporate research, most academic research
being in the same category. If Mexican law similarly covers
intellectual property, the way to proceed is to formally identify what
you have as confidential material, take recorded steps to maintain
appropriate security, ask ANY recipient to sign a writing agreeing to
maintain what you disclose as confidential, and document both everything
you do and the precise content of what you disclose.
British/American courts require that the inventor demonstrate by
diligent actions that claimed confidential material is in fact
confidential, actively maintained as such, and not released by
accident or imprudence. If you don't lock up papers, no court will
bother with you. Some actions are so standard as to be pretty much de
facto mandatory, an example being maintenance of a "laboratory note
book" as a legal document in standard form and content. If Mexican Law
supports this, then, at least in principle, a breach of confidentiality
by the person you disclose to can be the subject of civil action for
damages and/or criminal action by the state. In practice, such requires
proof, money for lawyers and willingness by the state to uphold its laws...
kb
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