lCA 2010 Friday

24Jan10

Tridge on ‘Patent defence for open source projects’. Watch it! Some key elements:

  • prior art defence is very very hard – ‘non infringement’ is a much better defense because you only need to show you don’t do the independent claims.
  • Reading a patent doesn’t really harm us because triple damages is no less fatal than single damages :) Reading patents to avoid them is a good idea.
  • Dealing with patents is very technical. It needs training (and the talk has that training)
  • Patents are hard to read.
  • Claims are often interpreted much more specifically than engineers expect.
  • Best prior art is our own source code, with VCS date records and the exact date often matters because of the riority date.
  • Invalidation: dead patents are vampires… and when they come back they are harder to kill again. Read the file wrapper – audit log containing all correspondence <-> patent office and applicant.
  • Patents are not code: judges can vary the meaning.
  • Claim charts are what you use to talk to patent lawyers.
  • Build workarounds *and publish them*. Encourage others to adopt them.
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2 Responses to “lCA 2010 Friday”

  1. 1 Ben Finney

    > Tridge on ‘Patent defence for open source projects’. Watch it!

    You’ve been encouraging this for many of the talks you’ve summarised. But how can we watch them? Where are the downloadable videos?

    • 2 rbtcollins

      The URL for the videos hasn’t been announced yet, I imagine it will come out soon and I will republish that as soon as I know it.


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