Fscons patents2012

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Fscons patents2012

  1. 1. Software Patents: What You Can Do Deb Nicholson Community Outreach Director Open Invention Network FSCONS 2012
  2. 2. Open Invention Network● Promote mutual non-aggression for FLOSS projects● Block bad software patents using prior art● Give free advice to Linux projects
  3. 3. Free software is the future.
  4. 4. Patent trolls are a scourge● Getting sued costs money● The time could always be better spent (unless youre the $400/hour lawyer)● Humanitys time could be better spent● Frivolous lawsuits deter innovation
  5. 5. How do you know if youre infringing?
  6. 6. “User interface with multiple workspaces for sharing display system objects.”
  7. 7. How did we get here?● 1952 Amendment to the Patent Act * processes are patentable● 1972 Gottschalk vs. Benson * math is not patentable● 1978 Parker v. Flook * math is patentable if its non-obvious
  8. 8. How did we get here?● 1981 Diamond vs. Diehr * a physical process controlled by a program is patentable● 1982 Federal Circuit Court * patent lawyers approve patents for everything● 1994 Alappat * installation of software == new patentable machine● 1998 State Street * useful, concrete and tangible? Struck down.
  9. 9. 2010 Bilski vs. Kappos "If a high enough bar is not set when considering patent applications of this sort,patent examiners and courts could be flooded with claims that would put a chill on creative endeavor and dynamic change." - from Judge Stevens
  10. 10. 2012 PrometheusThe good guys win for once!
  11. 11. Things those companies make(money is not to scale)
  12. 12. 14 of these companies raked in a combined $7.6 billion over 10 yearsThat figure represents only 9% of what the companies who were sued actually lost. Defendants lost an estimated $87.6 billionSource: Bessen, Meurer and Ford, “The Private and Social Costs of Patent Trolls”, September 2010
  13. 13. A headache even ifyou dont get sued.
  14. 14. Defensive publications – blockfuture bad patentsPeer-to-patent –provide priorart for the USPTO before badpatents are issuedPost-issue – help invalidateexisting bad patents http://linuxdefenders.org
  15. 15. A pool of our own!
  16. 16. deb@openinventionnetwork.comCC-BY CC-BY-SAPool girl by Anne Catherine Nyberg Rubber Band Ball by Danielle ScottGraph paper by Calsidy Rose Money by Nick AresHeadache by Samantha Celera Penguins by Amber KennedyDog in pool by Georgi Keith http://creativecommons.org/licenses/by-sa/2.0/http://creativecommons.org/licenses/by/3.0/ Public Domain - Golden Gate Bridge by Philipo

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