[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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