Linux patent pool to push for 'defensive publication' (Network World) [LWN.net]

Network World looks at a push from the Open Invention Network (OIN) to publish details of new and innovative techniques used in free software. The idea is to defensively publish the information so that patents will not be granted or can be invalidated. "In coming weeks, OIN will reveal more details of the site, which Bergelt described as 'a production environment where we educate and train people to do this. We'll work with them to make sure it's put in a form that is acceptable.'"

Linux patent pool to push for 'defensive publication' (Network World)

Posted Aug 9, 2008 17:58 UTC (Sat) by zotz (guest, #26117) [Link] (2 responses)

Multi pronged approach:

All well and good but perhaps there should be a push on multiple fronts at once.

I invite you to consider Simple Idea For Patent Reform:

http://zotzbro.blogspot.com/2007/06/simple-idea-for-paten...

Better defensive patent pools might help too. Ones that really take the needs a Free Software
to heart.

all the best,

drew

Linux patent pool to push for 'defensive publication' (Network World)

Posted Aug 10, 2008 20:49 UTC (Sun) by Tobu (subscriber, #24111) [Link] (1 responses)

French law has this thing where patents have to be exploited commercially before three years, or there must be a "real and earnest effort" towards that, else anyone who asks is granted a mandatory licence. This is fairly weak in the context of software (which can't be patented thankfully) for the same reason that RAND fees are still too expensive for free software, but sensible nevertheless. Official text in French

Linux patent pool to push for 'defensive publication' (Network World)

Posted Aug 11, 2008 15:04 UTC (Mon) by k3ninho (subscriber, #50375) [Link]

In fairness to the French and Software Patents in France, they don't examine national patents
without insisting the application goes through the European Patent Office.  Which means that
the current EPO tests for computer implemented inventions apply to French Software Patents
(i.e. a concrete technical effect in the output of the computer program which is inventive
over the known art -- I'm not an EPA, and this isn't legal advice).

BTW, you get the same 3-year licence-as-of-right terms in the UK, too.

K3n.