From srctran@world.std.com  Mon Jan  1 22:27:29 2001
Date: Mon, 1 Jan 2001 17:27:29 -0500 (EST)
From: Gregory Aharonian srctran@world.std.com
Subject: [Patents] patent pools enforcing per-copy-licensing mode of
 software development

Ramon writes:
>Patent fees are so expensive that no independent programmer can afford
>filing patents.  Open source is no exception.

Another false statement of patent application strategy.  In the US,
an independent programmer can file a provisional patent application
for $75.  He or she then has one year to file a formal patent
application (with the much higher fees that everyone dreads).
However, in that one year, this person is able to discuss his ideas
with potential investors or partnets, without any loss of patent
rights.

Thus a quite reasonable strategy, and one that I encourage, is for
independent programmers (including the open sourcers), if they have
something valuable enough, to file the provisional application, and
then test the waters to see if they can raise monies for its further
development and marketing.  If they can, then they can usually afford
the higher patenting fees.  If the can't raise the money, then can
also dedicate their new ideas to the public.

So Ramon's blanket dismissal of the entire patenting process is very
bad advice, especially for independent open sourcers.

Greg Aharonian




