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Linux Defenders - That Would Be You Guys, Actually

By Pamela Jones et al.

The Open Invention Network, the Software Freedom Law Center, and the Linux Foundation have teamed up to create another tool to defend Linux from patents. It will be hosted by the NYU Peer to Patent folks, where Mark Webbink is now. It is called Linux Defenders, and that would be you, in that they are asking folks to provide prior art to block anyone else from patenting it. Over time, this could be very significant as a protective wall. Essentially, as I understand it, it works like this: Since it costs a prohibitive amount of money to file for patents, the workaround is defensive publication. That results in prior art which can then block patents on that prior art. Brilliant, my dear Watson. No kidding. This is a good idea. The Linux Defenders site describes defensive publication like this:

Defensive publications, which are endorsed by the USPTO as an IP rights management tool, are documents that provide descriptions and artwork of a product, device or method so that it enters the public domain and becomes prior art upon publication. This powerful preemptive disclosure prevents other parties from obtaining a patent on a product, device or method that is known though not previously patented. It enables the original inventor to ensure access to the invention across the community by preventing others from later.

So it's a cheap way to collect defensive prior art without having to apply for a patent. Of course, you can do that too. But most of us can't afford to get a patent, even for defensive purposes, but anyone, as they say, can do this.

Full post as published by Groklaw on December 09, 2008 (boomark / email).