decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Doesn't help against other's patnts | 481 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Could a 'Defensive Patent License' Fix the U.S. Patent System
Authored by: Anonymous on Wednesday, August 29 2012 @ 03:08 AM EDT
a simpler solution,:
all one needs to do is to publish your invention. Period.
---

There, fixed it for you. The 'net is too big and ugly. There's a bunch
of prior art will never get there. But your assumption that the
patent office is working competently is far too optimistic on the
evidence before us. So these simpler solutions have a bleak future.

I see another problem: your publication prevents your oponents from
patenting the invention, but if they can build and sell it cheaper
than you, they're eating your lunch.

[ Reply to This | Parent | # ]

Could a 'Defensive Patent License' Fix the U.S. Patent System
Authored by: soronlin on Wednesday, August 29 2012 @ 04:39 AM EDT
I'm ahead of you.
www.soronlin.org.uk/prior-art An d here's the proof.

[ Reply to This | Parent | # ]

Doesn't help against other's patnts
Authored by: Anonymous on Wednesday, August 29 2012 @ 07:05 AM EDT
If you are sued for infringing someone else's patent(s), and having given your
inventions away by publishing without patenting, you have no weapons of your own
to counter with.

I think that this DPL needs to go a step further. I think it needs to be setup
like the OIN, where everyone who participates assigns the rights to their
patents to a central pool to be used to counter sue anyone who sues a member who
who has donated their patents to the pool, period. The OIN is a good start, but
it only helps you defend against patent attacks for a specific set of software
that the OIN defines as being part of the "Linux Ecosystem". If the
DPL does it that way but counter sues for any patent attack, using all of the
donated patents, and the pool gets big enough, then no one will dare sue anyone
who participates in the DPL for fear of being counter-sued for potentially
hundreds, or even thousands of patent violations.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )