|
What is the difference between releasing information into the public domain and patenting it?
Obtaining a patent is just one way of releasing information into the public domain. There are many other ways one can release information into the public domain; for example, one can release information by
- Publishing a manuscript in a peer-reviewed journal.
- Presenting information at a seminar, lecture or interview.
- Submitting a DNA or protein sequence to an electronic public database.
In each example, just as in obtaining a patent, the public receives the benefit of novel information. If information is patented, the inventor does not have the option of withholding the information from the public domain, but the inventor can exclude the public from profiting from the information (making, using or selling the invention).
Patent Publication and the Dissemination of Information
All patent applications filed internationally and most filed in the United States under the new patent act are published 18 months after they are filed, and thus information is quickly released into the public domain.
Patents facilitate academic research, because the release of information to the public is critical to the advancement of knowledge. The fact that an inventor can obtain patent protection on an invention encourages inventors not to withhold beneficial information from the public. In fact, the patent system provides strong incentive for sharing information. Not only can researchers use the information in a patent, but also by disclosing cutting-edge scientific information, the patent system helps prevent expensive duplication of efforts.
| 
Printer Friendly YES
