Author Options:

Open Source Question Answered

I have something I would like to release open source to assure it will not be patented. How do i go about doing this?



Release it publicly, with a clear statement that you are the originator, and that you are releasing it under the licence of your choice.

Have a look at this topic before deciding how open you want your project to be.

I am not the originator of what I am looking to release. I do, however, have permission to debut and use this design as i so choose, providing I do not seek a patent or let a patent, by someone else, be obtained.

I also am adapting the concept to another area, but one that is still in the realm of where it was developed, and that is internal combustion.

The originator of this concept devised and tested it over 20 years ago and in another country. So chances are it is no where near the possition of being recognized as comon knowledge.

If you release it publicly (with the licensing of your choice), document the originator's contribution, and maintain some sort of "paper trail"--i.e., a history of when, where, etc. then prior art should prevent some else from successfully claiming a patent.

The wider the distribution of the core idea, the stronger the case for prior art. So a record of any external sources (webpages, books, etc.) that reference the concept will be helpful. You may also register a copyright for the documentation (PDF, etc.), which will not protect the idea, but is another page in the paper trail.

Given all that, it's your responsibility to defend the concept and challenge if someone else applies for and is erroneously granted a patent.

And patents can still be granted based on the idea, if the derived concept has an original "twist..."

I also am adapting the concept to another area, but one that is still in the realm of where it was developed, and that is internal combustion.

Well, that's a perfect example where someone else could be granted a patent--adapting an existing concept to another application... You really can't prevent that; patent laws were not intended to stifle innovation.

Thank you, that is the information I am looking for.

It is a 2-stroke chamber design that is simply being applied to another engine. Its concept, however, is unilateral...

How about if the desig is submitted to patent application, with originator listed, but with the intent to denote open source knowledge? That way if something else comes along it will be known as an attempt to copy...

If it's been published already, it can't be defended as another person's intellectual property. For "attempt to copy" read - "application rejected". You'd expect patent clerks to use the internet these days?
You might consider keeping it very quiet and applying for patent, but is it worth the time and expense?


Ha, it's too late for that!! I am in need of test subjects, asside from my own vehicle, so I have inlisted the help of some people on forums but have not given out the design to but a few VERY trustworthy people. It is very similar to what is used in some diesel chambers so it may just be that old. It is not really that hard of a concept to grasp, but it works so darn well...

I thought that because of these things it should be non-patentable, as did the originator, who happens to own a few international patents...

I do have a very specific name for the concept that the originator and I came up with and I have taken it further and gave it a marketable name that CAN be CR'd which I plan to use. I just want my name for it, not necessarily the controling factor of the technology.

You can register the name as a trademark, yeah. I'm interested in engines, let us know when/where you post this.


That will depend on largely on the wishes and intend of the originator--and if they can definitively prove their claim. Simply listing the originator on the application doesn't bolster your claim.

How much prior art already exists? How did you learn of the design? The older concept of "public domain" predates "open source," and may apply...  If the originator made no attempt to protect the concept and the idea is widely distributed (even if only in another country), it may not be patentable.

Quote from this site:
By federal law, patent protection will be barred if the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the date on which a patent application is filed.

Talk to a reputable patent attorney for the best advice.

As previously stated, it bis similar to diesel chambers. The originator has detailed knowledge of EVERYTHING related to combustion engines, internal or otherwise, and used that experience in this design. So it may have simply been extrapolated from known concepts.

That being said I know some very scrupulous people in this industry that just may want this as their intelectual property. Since this would impact their market hold considerably.

You give a good idea about printed publication.

A magazine just may be the best option...

License the work under a creative commons license. Tools to license something under such a license found here: http://creativecommons.org/choose/

You can't patent other people's stuff, especially if it's been published it. Quit worrying and release it.