keeping patentable algorithm free

[Doug Hudson]

If you want to ensure the algorithm is prior art against any future patents,
the strongest (but more expensive) solution is to use something called a
"statutory invention registry" provided by the patent office.  Its
essentially a purely defensive patent--look at the PTO web site for a bit
more information.  You can't use it to sue, but can use it to invalidate or
prevent anyone else from getting a patent on the same or similar subject
matter.

You need to make sure there isn't a patent out there that already covers it,
but you can do that free at the IBM site (www.patents.ibm.com) or at the PTO
web site (www.uspto.gov).
Otherwise, its (relatively) cheap and self-enforcing.

This may be useful for other underlying patentable algorithms still out
there in GNUland.  (I know they --shouldn't-- be patentable, but its
happening whether we like it or not.)  There is a more serious concern that
the algorithms everyone thought were free could start popping up as patents
over the next few years given recent changes in the law, and that could
spell big trouble for free licensing.

Doug

------
Student, The George Washington Univ. Law School
dhudson at gwu.edu
dhudson at alum.mit.edu