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Defensive Software Patents for Open Source Projects?

Posted by Cliff on from the protecting-your-code's-freedom dept.

jqh1 asks: "I'm the "inventor" of spamgourmet, a fairly un-obvious approach to spam prevention through auto-create/expire email addresses. I'm fully committed to keeping the software free for all to use. Recently, I've seen other 'patent pending' disposable email address services that are not immediately forthcoming about their own processes. I don't have the time or resources to monitor and challenge patent applications, but I'm afraid that if I ignore them, I'll regret it. Should I seek patent protection for this open source software? If so, is there a way to do it without losing all semblance of an open source project?"

2 of 51 comments (clear)

  1. Patents costs lots of money to keep. by Xner · · Score: 4, Interesting
    If you are going to license indiscriminately, there's not much use in patenting. Consider simply registering your method with a notary or similar. Then when you get challenged for patent infringement you can use your notarized testimony as prior art.

    On the other hand, you might just as well go all the way and write a license that includes instant termination upon litigation. This is usually frowned upon in open source circles, but it is commonly used in industry to defend against suits and promote cross-licensing.

    --
    Pathman, Free (as in GPL) 3D Pac Man
  2. Get a patent by MacAndrew · · Score: 4, Interesting

    Get a patent, and the worst you could just give anyone who wanted to use it a free license. Use the same theory as the GPL people do -- use a restrictive intellectual property rights power, in their case copyright, to prevent others from commercializing your work product. Their "copyleft" is merely copyright with unusual provisions, and if you look at their license you'll see the word copyright a dozen times. Perhaps a self-contained license for your patent could also be written and enforced -- ask for advice from the GPL project.

    I am not an IP lawyer, nor practicing law here, so absolutely do consult with a specialist. In the state, many lawyers participate in free or nominal fee 30-minute consultations. One hitch it that to actually obtain a patent may cost several hundred dollars (quid) for which you might solicit user donations. Set aside a little for enforcement; the GPL people have lawyers, too.

    And, no, getting a patent is not crossing over to the dark side. :)