[COSCUP 2012] Defensive Publications - Ensuring "Freedom Of Use" In The Open Source Community
Channel: COSCUP 開源人年會
Date: 2012-11-13

Defensive Publications - Ensuring "Freedom Of Use" In The Open Source Community

Armijn Hemel
EnglishLegal
Defensive Publications are documents that provide descriptions and artwork of a product, device or method, that enter the public domain and become prior art. This is a powerful way to prevent others from getting a patent on a product, device or method. Defensive publications ensure that the original developers or inventors keep access to their own invention without having to file for an expensive patent. Defensive publications prevent that others make patent claims on the invention later on. Defensive Publications are endorsed by the US Patent and Trademark Office (USPTO) as an IP rights management tool.

The Defensive Publications program is part of Linux Defenders and supported by the Open Invention Network (OIN). Using a simple Web-based forms developers and other non-attorneys can quickly submit defensive publications to Linux Defenders. After submission the defensive publication will be reviewed and edited as needed by OIN personnel at no charge. The defensive publication will then be added to the IP.com prior art database. This database is used by Examiners at the USPTO to search for prior art when examining patent applications. Examples of Defensive Publications can be found here: http://www.defensivepublications.org/defensive-pubs-examples

To prevent future patent wars involving Open Source code we need your help to create defensive publications. At this conference OIN will have sessions where you can bring your ideas. We will sit down with you, explain how to write a defensive publication for your idea and help you write and submit defensive publications.

For more information on the Defensive Publication program, please go to: http://www.defensivepublications.org/

Armijn Hemel is the European coordinator of the Linux Defenders program.