Best Approach To Keeping a Virtual World Protocol Free to All?

arkowitz writes "I invented a protocol called CICP for interacting with virtual worlds, and filed a provisional patent application on it March 20 of last year. I have since declared the protocol open and public, and contributed an implementation of it to the Sun Wonderland project, which is GPL; and made public the LSL code and accompanying Java servlet for the Second Life implementation of the protocol. I've been collaborating with a fellow in Finland named Tommi S. E. Laukkanen on a new protocol called MXP: Metaverse Exchange Protocol (here's a full description at cybertechnews.com). MXP is and will always be public domain; we intend it to enable an open and ubiquitous metaverse. My question is this: is there any reason to complete the patent app for CICP, which could potentially cover MXP as well, and release it to the public domain? The full app is due by March 20 and the legal work would probably cost my company $10k. Would finishing the patent protect the open and public protocols from patent trolls, or would it be a waste of money? Also, what kind of document would I need to make official the public-domaining of the app?"

Comments

Put Your Documents & Code on SourceForge

[eldavojohn]

Best Approach To Keeping a Virtual World Protocol Free to All?

1. Document it well. Do you have a javadoc style reference for it? What about example or sample code showing how to use it?
2. Promote it. Ninety percent of GPL code I use is recommended to me by coworkers & coleagues.
3. Support it (if possible). Feature f is seriously not working for me, is anyone going to help?
4. Let the community own it. Don't be afraid to let contributors add/request new directions.

... filed a provisional patent application on it March 20 of last year

But I'm guessing you haven't been awarded the patent? I think you've done more than most people would have. If you're worried about someone suing you for using a protocol, why not just upload all the documentation for it to a SourceForge Project or make it available on your site and date it? I'm guessing it's a bit more tricky than software as you need the required documentation to define a protocol but why shouldn't that be releasable under the GPL? If you really wanted to ask for help, you could seek help from the EFF in establishing prior art now.

Also, what kind of document would I need to make official the public-domaining of the app?

If you have the source code, just drop it on SourceForge or make it available for download on your site with a copy of the GPL as a license file. Frankly, I'd be more concerned about it being adopted and supported widely rather than having it be a GPL protocol. I wish you the best of luck--I think something very neat could come of this!

Talk to a patent lawyer

[A nonymous Coward]

Your company presumably has one. You know damned well it's a waste getting any legal advice from /. so why bother?

TALK TO YOUR DAMNED PATENT LAWYER!

A patent means nothing until upheld in court

[goffster]

A patent merely helps you argue your case.
It guarantees absolutely nothing.
A patent troll may be able to outspend you in
court.

create a 'defensive publication'

[dencarl]

From DefensivePublications.org ...

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. This powerful preemptive disclosure prevents other parties from obtaining a patent on the product, device or method. It enables the original inventor to ensure that they have access to their invention by preventing others from later making patent claims on it. It also means that they do not have to shoulder the cost of patent applications.

[emphasis mine]