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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
>    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.

>    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.

>    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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