On Mar 30, 2009, at 1:00 AM, Kim wrote: >There is a definitive difference between copyrighting and patenting. >Unless Wysong can produce documentation illustrating they applied for >the process patent, they won't have much of a leg to stand on in their >argument Yes, there is a difference between copyrighting and patenting, but that is not the relevant argument here. You cannot validly patent a process that is already in the public domain. (If you could, I think I'd patent --oh, say steel smelting... or maybe making pasta) The US Patent office has become notoriously lax about searching for conflict and pre-existing processes. There's no money in that. They usually just accept the applicant's word that they did a 'due diligence' search. Wysong's documention shows that their process existed prior to Purina's, and that they chose to release it to the public. THIS is the essence of their legal argument. It is a hands-down, legally pre- emptive argument. The copyrighted Wysong articles are important not because of the copyright, but because they prove that the process pre-existed Purina's claim. The problem is, public domain does not show on a 'patent conflict' type of search, so would not show up on a too-casual search. Wysong would have done better to use something like the GNU 'creative commons' license, so there would be a paper trail. Lack of such a paper trail does not weaken their legal argument, but it would have saved this whole hassle if it existed. But simply proving in court that the process existed before Purina patented it will take money, possibly millions. Compared to Purina (and mother company Nestle), Wysong is a tiny company. Defending this claim could bankrupt them, despite the validity of their claim. Anyone who remembers the Nestle boycotts may also remember that Nestle eventually responded; the petition to Nestle is worthwhile and may be effective. http://www.thepetitionsite.com/1/help-wysong Wysong has filed (or is considering filing) a countersuit for patents misuse and misleading the US Patent Office. -Claire [Posted in FML 6288]