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LinuxCon: Keeping open source openLinuxCon: Keeping open source openPosted Sep 24, 2009 8:27 UTC (Thu) by k3ninho (subscriber, #50375)Parent article: LinuxCon: Keeping open source open
>Defensive publications are another strategy that companies can take to protect their ideas without patenting them. OIN is advocating the use of defensive publication to create prior art, so that, in the best case, patents will not be granted covering those ideas. Instead of the "negative right" that is created with a patent, defensive publication creates something that everyone can use, but no one can patent. OIN's lawyers will review defensive publication submissions for free, making any necessary changes and then adding them to the IP.com database which is used for prior art searches by the PTO.
You still need to lobby for change in U.S. Patent Law on this: despite the defensive publication there is still a year-long grace period in which another party may have come up with the thing before applying for a patent for the method you've made publicly available.
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LinuxCon: Keeping open source open Posted Sep 27, 2009 14:03 UTC (Sun) by kleptog (subscriber, #1183) [Link]
Indeed, I was wondering how they were going to deal with that. Someone could just go to that site, copy every idea and submit a patent application claiming they did it first.
I thought there was some progress is getting the US onto a first to file system, but apparently it hasn't gone anywhere.
LinuxCon: Keeping open source open Posted Sep 27, 2009 23:05 UTC (Sun) by MattPerry (guest, #46341) [Link]
First to file would be truly terrible. Imagine being sued for infringing on a patent for technology you've invented just because someone else got to the patent office first.
LinuxCon: Keeping open source open Posted Sep 27, 2009 23:28 UTC (Sun) by dlang (✭ supporter ✭, #313) [Link]
the real fix for that problem is to consider multiple applications for the same invention to be proof that that invention isn't unobvious enough to those skilled in the field and deny all such applications.
LinuxCon: Keeping open source open Posted Oct 4, 2009 0:01 UTC (Sun) by Wol (guest, #4433) [Link]
The rest of the world is fine with "first to file". It also works on the basis of "any disclosure before filing is prior art".
So if somebody else patents something I'm already doing, and I've made no secret of what I'm doing, their patent is dead. "Your patent is dated 1st October. Here's an article describing my process dated 30th September. Please Mr Judge, Prior Art, I can't be violating his patent. Summary judgement, please".
And that really would be that.
Cheers,
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