[Patents] On GPL Ideas and Limited Software Patentability

[rjriley@rjriley.com (Ronald J Riley)]

----- Original Message -----
From: "Roland Orre" <orre@nada.kth.se>
To: "PILCH Hartmut" <phm@a2e.de>
Cc: "Gregory Aharonian" <srctran@world.std.com>; <sf@fermigier.com>;
<patents@aful.org>; <epo@mlist.austria.eu.net>; <orre@neurologic.se>;
<orre@neurologic.org>
Sent: Wednesday, May 09, 2001 3:46 AM
Subject: Re: [Patents] On GPL Ideas and Limited Software Patentability


<<The only
way I can do it, still with reasonable protection, is to patent it
in smaller modules, which are still useful, but doesn't reveal
how the complete system works.>>

If you do this then you run the risk that someone else will discern how the
complete system works and obtain a patent which covers the integration of the
various concepts.  Now, they may or may not be able to practice their 
invention
without a license from you.  But more importantly, you would not be able to
practice the invention which they received the patent on.  This is a very 
risky
strategy on your part.  I suggest that you not proceed without the advice of a
qualified attorney.

I am sorry to say that I just do not have time to continue a protracted
discussion about these issues.  I am concerned that some readers of this forum
might well act on what I see as some very poor advice being bandied about in
this forum.

Rather or not some people like it or not, the reality is that software is
becoming patentable in more and more countries.  I do not think you can stop
this.  Rather than spending all your time railing about software patents, you
should likely be looking at how you will cope with them.  The answer to this 
is
with prior art.

Mr. Aharonian is an expert in software prior art in the US.  If he is willing 
to
spend time educating people it would behoove them to listen to him.

Rather you are a would be holder of software patents, or someone who might 
step
on a patented idea and thereby incur liability, you need to do a thorough 
prior
art search before proceeding.  Virtually all the problems in any new art area 
in
the patent system are due to not spending the time and money to do a good 
prior
art search.

For those of you who will be negatively effected by software patents, your 
best
coarse of action is to start compiling a database of prior art.

One last thing, I am rooting for Linix.  I think open source is a good idea.
And open source is prior art that will likely invalidate some issued software
patents.

Now I need to do other things.

Ronald J. Riley  www.InventorEd.org/