PCT (Patents, Copyright, Trademark) policy and Open Source

John Cowan cowan at ccil.org
Mon Feb 2 04:09:45 UTC 2004

Brian Behlendorf scripsit:

> I love it.  They filed a patent for a process my company had a working
> example of long before the date of filing, and unlike these guys, we
> actually implemented it and ran it.  We don't run our site, SourceXchange,
> any longer, but it's still infuriating to see IBM take credit for this.
> If anyone had a need to debunk this patent, let me know.  Isn't there some
> clearing house for prior art should it ever be needed?

Since the patent was published less than 60 days ago, we are still
within the window to send prior art directly to the USPTO.
Please consider doing this.

See http://lists.xml.org/archives/xml-dev/200401/msg01114.html for
what can be done to break patents *with* the system, rather than
laboriously and expensively in court.

> Game theory lesson: file a patent on *anything* you're doing.  I'm
> considering filing one on the particular way I walk down the hall after
> waking up in the morning.

Why not?  That Australian patent attorney who patented his kid's method
of swinging on a swing is leading the way.  Next step: the patented
legal argument.

"By Elbereth and Luthien the Fair, you shall    jcowan at reutershealth.com
have neither the Ring nor me!"  --Frodo         http://www.ccil.org/~cowan
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