Re: Another Microsoft XML patent
Alan Gutierrez wrote: >* James Fuller <jim.fuller@r...> [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. > > +1 > 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. > > like this lightweight approach, avoids getting bogged down by being essentially a service orientated org to small business >>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 > business. > > I know a few legal people who specialise in IP and patent law worldwide...though convincing them for a gratis or near free effort would be difficult, such an effort requires that unusual hybrid: Legal / XML developer....does such a person exist? > > 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. > > +1 > I like that name better than union, by the way, Open Patent > Pipeline. In the U.S. at least, union sounds anti-business. > > +2, nice and snappy..... so now we need a simple charter, a super XML/Lawyer, and a few good wo/men to sign the initial document. cheers, Jim Fuller
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