Flushing out submarine patents

Posted Dec 12, 2007 23:37 UTC (Wed) by nelljerram (guest, #12005)
Parent article: Specifying codecs for the web

Perhaps this kind of situation could be resolved by inventing a legal way of flushing out
submarine patents.  Someone wanting to develop or standardize something would make a
declaration to the relevant patent offices, and there would then be a period during which
possible patent holders would have to declare themselves, or else hold their peace forever
after.

What objections to this are there?

to post comments

Flushing out submarine patents

Posted Dec 13, 2007 0:30 UTC (Thu) by clugstj (subscriber, #4020) [Link] (1 responses)

Those with submarine patents will surely object.

Flushing out submarine patents

Posted Dec 14, 2007 19:15 UTC (Fri) by nelljerram (guest, #12005) [Link]

True, but that doesn't count, as they have no justification - either moral, or in terms of the
usual reasoning for the existence of patents - for that "business" model.

Flushing out submarine patents

Posted Dec 13, 2007 3:15 UTC (Thu) by clugstj (subscriber, #4020) [Link] (1 responses)

This could easily backfire.  Big companies that wanted to avoid a small guy's patent would put
out a continuous stream of declarations to keep him so busy that he doesn't notice the one
that actually applies to his patent.

Flushing out submarine patents

Posted Dec 14, 2007 19:21 UTC (Fri) by nelljerram (guest, #12005) [Link]

Good point; that's a more tricky one.  I'll report back if I can think of a solution.