I'm not sure how it works when your applying for software patents, but if you're applying for a patent on anything else there are certain rules that must be followed.
The idea ( a machine or whatever it maybe) can not have been known to the public, scientists or researchers prior to the application. Therefore the patent office will search news and scientific papers
to see if anyone has come up with the idea before. The application must also show an noticeable uppgrade of an old way of doing things or a completely new approach. One can therefore not patent opensource software without braking the rules already set by the patent officials. You must also provide a working prototype or approved technical drawings. This means you cannot patent something that has not yet been invented.
-Lars
Slashdot Mirror
I'm not sure how it works when your applying for software patents, but if you're applying for a patent on anything else there are certain rules that must be followed. The idea ( a machine or whatever it maybe) can not have been known to the public, scientists or researchers prior to the application. Therefore the patent office will search news and scientific papers to see if anyone has come up with the idea before. The application must also show an noticeable uppgrade of an old way of doing things or a completely new approach. One can therefore not patent opensource software without braking the rules already set by the patent officials. You must also provide a working prototype or approved technical drawings. This means you cannot patent something that has not yet been invented. -Lars