LinuxCon: Keeping open source open

Posted Sep 27, 2009 14:03 UTC (Sun) by kleptog (subscriber, #1183)
In reply to: LinuxCon: Keeping open source open by k3ninho
Parent article: LinuxCon: Keeping open source open

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] (2 responses)

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 (guest, #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 (subscriber, #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,
Wol