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   Re: [xml-dev] Another Microsoft XML patent

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* James Fuller <jim.fuller@ruminate.co.uk> [2005-06-07 03:52]:
> The patent application process becomes an effective barier to
> >    entry for the small innovators that they tout as the little guy
> >    that the patent office serves to protect.
> >
> >    I might have an idea that is every bit as novel as something
> >    found at Large Firm Research, but when do I have the time, as an
> >    individual, to write out a patent application? I barely have
> >    enough time to write out my code and documentation.
> >
> >    I've often thought of some sort of patent union for small
> >    firms, open source developers, a treaty organization. The Apache
> >    2.0 License does something like this.

> by being a member of such a union, one could default all invention
> to the union for protection...of course nuclear options would have
> to be built into the union's charter so no corporation could
> somehow take it over...might have to go down an NGO route as well.
> A franchise model whereby a network of vertical / horiontal
> industries have their own unions, with an international umbrella
> org.

    Such an organization would be non-profit. I'm not sure what NGO
    means. I know what it stands for, not what it means legally.

    The franchining and vertical / horizonal, you could explain
    more. I'd like to see it structured so that it doesn't become
    some form of guild.
    That is, I'd rather not have a organization that threatened to
    initiate litigation against non-members. I'm sure you're not
    proposing that. So, I think the charter would have to have some
    serious non-agression, otherwise it might get litigous without a
    takeover. The opportunity is there and non-profits can behave

    Moreover, I'd like to see a the organization establish a patent
    pipeline for small businesses and individuals, so that it the
    organization can build a portfolio and have a deterrent.

    The business case for joining a patent union would be for small
    firms to show investors and customers that their product is
    backed by patent, and that even though the patent will not be
    enforced for royalties, the patent will serve to protect the
    frim from takedown litigation.

> So are there any patent lawyers lurking to start up Software
> Developer Patent Union?

    Good question. How does one find the legal talent for this sort
    of thing? I'd look for a law firm that already caters to patent
    applicants, and put this idea forward as a means to increase
    The idea being that by being a part of the open patent pipeline,
    they'd work towards spending less time on each appilcation, but
    would get more volume, and have to do less hand holding. A
    patent application would arrive vetted, proofed, and written
    according to a style guide.

    I like that name better than union, by the way, Open Patent
    Pipeline. In the U.S. at least, union sounds anti-business.

Alan Gutierrez - alan@engrm.com
    - http://engrm.com/blogometer/index.html
    - http://engrm.com/blogometer/rss.2.0.xml


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