Re: [xml-dev] WWW /= W3C: Has W3C mission changed?

[Jonathan Borden <jborden@mediaone.net>]

Jeff Greif wrote:

> If I understand correctly, a submarine patent is one that is applied for
> (thus setting the date of invention) and then repeatedly extended or
amended
> before being granted by the patent office, thus delaying for (in some
cases)
> several years the public disclosure that goes with patent awards.  Then
the
> patent can be used to go after people who infringed unknowningly.  I think
> there have been recent attempts to change USPTO policy with regard to
these
> patents to make this tactic less fruitful.
>
> The issue is not failing to enforce a patent, but failing to disclose a
> pending patent.
>

Consider this: suppose the W3C RAND policy goes through. What is to prevent
a company from changing its mind and asking for unreasonable and nonuniform
fees?

I submit that whatever might be used to enforce the RAND policy might also
be used to enforce a requirement to disclose pending patents. For example,
even though the patent holder may have a patent infringement claim, the
patent holder might be liable for breach of contract.

Of course this might all be entirely pointless except for what it says about
the mission of the W3C.

Jonathan