[Patents] patent pools enforcing per-copy-licensing mode of software development

[Nicolas MONNET nico@monnet.to]

On Mon, 1 Jan 2001, Gregory Aharonian wrote:

|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.

Well Greg, I'm sorry, it does'nt make sense. The point of Open Source /
Free Software is to share. Freely. Open Source claims that you benefit a
lot by letting other use your code, change it, adapt it, bugfix it, and/or
help you do it. 

Why would someone help you for free on something that YOU keep a
stronghold on, I've got to wonder.

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

Lots of opensourcers can't even spend that $75 for that matter -- think
students. 

Besides the days where any idea got millions of financing in a snap of a
finger are over.