linux-kernel - Re: Patent or not patent a new idea

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Date:	Tue, 26 Jun 2007 10:37:12 +1200 (NZST)
From:	manningc2@...rix.co.nz
To:	"Graeme Sheppard" <nodes@...lion.net>
Cc:	linux-kernel@...r.kernel.org, linux-fsdevel@...r.kernel.org
Subject: Re: Patent or not patent a new idea

> Dear devs,
>
> In a moment of serendipity I thought of a concept which may be
> advantageous
> if incorporated into the kernel. I was going to offer it to the OIN but
> they responded they only consider existing patents and I don't have the
> money to afford one.
>
> I am seeking advice on how to proceed. It could be used as a defensive
> patent in which case I can email an expert who can file it. If that is the
> concept is sound. I am not expecting any royalties from this myself. The
> alternative is to dump it here to the LKML.

If your only purpose is to try generate a defensive patent, then just
dumping the idea in the public domain serves the same purpose, probably
better.

I have a few patents, some of which are defensive. That has not prevented
the USPTO issuing quite a few patents that are in clear violation of mine.
A defensive patent clearly did not prevent these patents from being
issued. A defensive patent might make it slightly easier to protect
yourself should one of the later patents try flex their muscle, but an
idea that is well articulated in a public forum should be sufficient
protection too.

AINAL and all that...

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