The Defensive Patent License (DPL) is a new legal mechanism to protect innovators by creating a patent network that is committed to defense and "de-weaponizing" patents. It draws from the theories and values of F/OSS licensing to create obligations that "travel with the patent"--preventing troll from taking over open technologies and pulling them out of the public domain.
Introduction to Software Licensing is a powerpoint presentation that I made up to raise our company\'s awareness about the use of proprietary software and the laws involve in it.
Introduction to Software Licensing is a powerpoint presentation that I made up to raise our company\'s awareness about the use of proprietary software and the laws involve in it.
A brief introduction to Linked Data Licensing, Rights Expression Languages and Linked Data Business Models given on September 6, 2013 at the I-SEMANTICS 2013, the 9th international conference on semantic systems, in Graz, Austria.
Running an institutional (usually university) technology transfer office. Presentation given in Bangkok, Thailand as part of an ASEAN-USPTO Program on Technology Transfer - July 1, 2009
RSP/SUETr Copyright & IPR Workshop, Northampton 2008Stephanie Taylor
A presentation to accompany a workshop I devised and ran for the RSP project - http://www.rsp.ac.uk/ - and the SUETr project - http://www.ukoln.ac.uk/repositories/digirep/index/SUE_Training_Programme:_SUETr - in the UK. The workshop was designed to teach repository managers in the UK the basics of electronic copyright & IPR as it applied to their own work.
A presentation to accompany a workshop I devised for the Repositories Support Project (RSP) in the UK, to teach repository managers about electronic copyright. 2008.
How To Protect Your Company's Intellectual PropertySecureDocs
This presentation covers cost-effective patent protection for inventions worldwide and protection tactics for unpatented trade secrets. It also gives a compelling argument for why companies should go against the status quo when filing for patents which can help save money and speed up the total patenting process.
It all starts with an epiphany. Every invention begins with a single “eureka moment” or some “brilliant revelation” that causes the inventor to take action.
These epiphanies become the idea seeds planted by inventors around the world. But we can only wish the process was as simple as adding water and fertilizer and waiting for the ideas to spring to life.
Inventions are not just patents to be hung on a wall. They are the starting point for a new business enterprise. So, not only does the inventor have to figure out how to create a working product or device, they also have to drive it forward, creating a business model that will enable it to survive. And that’s where we come in.
The Inventor Boot Camp will help you focus on what’s important. We will show you ways to leverage your time and resources, eliminate unnecessary work, and direct your energies towards driving your product forward. And most importantly, we will teach you what it takes to become successful.
Key Strategies to Learn
How to perform an early stage benefit/market analysis to decide in advance who your end customer will be. Once you fully understand who your customer is, only then can you begin to piece together your business model.
How to develop a profit-centric mindset, the same thinking used by most successful inventors, to maximize your odds of success.
How to decide if your invention needs to be patented. If it doesn’t, this can save you significant amounts of money.
Who you should be listening to. Advice will come from many sources, but not all of it will be good.
How to best position yourself for funding. Hear it directly from the people who have money to invest.
Patrick Aerts (DANS, projectleider Software sustainability) vertelt over het belang van het duurzaam bruikbaar houden van software bij het streven naar duurzame toegang tot digitale data. De presentatie maakte deel uit van de Kennisdag Digitale Duurzaamheid op 13 juni 2016, georganiseerd door de Nationale Coalitie Digitale Duurzaamheid / Netwerk Digitaal Erfgoed.
Software has tremendous commercial potential that’s growing every day. So when you work in a federal lab, you need to know how to harness it! Our webinar will help you figure out how to make this underestimated intellectual property (IP) part of your T2 strategy.
This webinar will help you understand the basics of software protection and commercialization, and how they can fit into your T2 program, including:
Methods of protecting software
GOGO and GOCO processes and their differences
Various software distribution models and their merits.
Our panel features three T2 experts in thinking out–of–the–box, who have made software work for them—Barry Datlof, Army Medical Research and Materiel Command; Kathleen McDonald, Los Alamos National Laboratory; and Aaron Sauers, Fermilab.
The panelists will also use participants’ input and feedback to hone the “Software Topics” session they’re presenting at this year’s national meeting—tailoring it to your needs.
A brief introduction to Linked Data Licensing, Rights Expression Languages and Linked Data Business Models given on September 6, 2013 at the I-SEMANTICS 2013, the 9th international conference on semantic systems, in Graz, Austria.
Running an institutional (usually university) technology transfer office. Presentation given in Bangkok, Thailand as part of an ASEAN-USPTO Program on Technology Transfer - July 1, 2009
RSP/SUETr Copyright & IPR Workshop, Northampton 2008Stephanie Taylor
A presentation to accompany a workshop I devised and ran for the RSP project - http://www.rsp.ac.uk/ - and the SUETr project - http://www.ukoln.ac.uk/repositories/digirep/index/SUE_Training_Programme:_SUETr - in the UK. The workshop was designed to teach repository managers in the UK the basics of electronic copyright & IPR as it applied to their own work.
A presentation to accompany a workshop I devised for the Repositories Support Project (RSP) in the UK, to teach repository managers about electronic copyright. 2008.
How To Protect Your Company's Intellectual PropertySecureDocs
This presentation covers cost-effective patent protection for inventions worldwide and protection tactics for unpatented trade secrets. It also gives a compelling argument for why companies should go against the status quo when filing for patents which can help save money and speed up the total patenting process.
It all starts with an epiphany. Every invention begins with a single “eureka moment” or some “brilliant revelation” that causes the inventor to take action.
These epiphanies become the idea seeds planted by inventors around the world. But we can only wish the process was as simple as adding water and fertilizer and waiting for the ideas to spring to life.
Inventions are not just patents to be hung on a wall. They are the starting point for a new business enterprise. So, not only does the inventor have to figure out how to create a working product or device, they also have to drive it forward, creating a business model that will enable it to survive. And that’s where we come in.
The Inventor Boot Camp will help you focus on what’s important. We will show you ways to leverage your time and resources, eliminate unnecessary work, and direct your energies towards driving your product forward. And most importantly, we will teach you what it takes to become successful.
Key Strategies to Learn
How to perform an early stage benefit/market analysis to decide in advance who your end customer will be. Once you fully understand who your customer is, only then can you begin to piece together your business model.
How to develop a profit-centric mindset, the same thinking used by most successful inventors, to maximize your odds of success.
How to decide if your invention needs to be patented. If it doesn’t, this can save you significant amounts of money.
Who you should be listening to. Advice will come from many sources, but not all of it will be good.
How to best position yourself for funding. Hear it directly from the people who have money to invest.
Patrick Aerts (DANS, projectleider Software sustainability) vertelt over het belang van het duurzaam bruikbaar houden van software bij het streven naar duurzame toegang tot digitale data. De presentatie maakte deel uit van de Kennisdag Digitale Duurzaamheid op 13 juni 2016, georganiseerd door de Nationale Coalitie Digitale Duurzaamheid / Netwerk Digitaal Erfgoed.
Software has tremendous commercial potential that’s growing every day. So when you work in a federal lab, you need to know how to harness it! Our webinar will help you figure out how to make this underestimated intellectual property (IP) part of your T2 strategy.
This webinar will help you understand the basics of software protection and commercialization, and how they can fit into your T2 program, including:
Methods of protecting software
GOGO and GOCO processes and their differences
Various software distribution models and their merits.
Our panel features three T2 experts in thinking out–of–the–box, who have made software work for them—Barry Datlof, Army Medical Research and Materiel Command; Kathleen McDonald, Los Alamos National Laboratory; and Aaron Sauers, Fermilab.
The panelists will also use participants’ input and feedback to hone the “Software Topics” session they’re presenting at this year’s national meeting—tailoring it to your needs.
Risks and Liabilities revisits property rights, responsibility, and accountability with a focus on computer software. The risks and liabilities associated with software and risk assessment are also discussed.
Сергей Уляхин "Аспекты коммерциализации интеллектуальной собственности" (S.Ul...EconMsu
Лекция Сергея Уляхина про особенности коммерциализации интеллектуальной собственности.
Лекция была проведена в рамках межфакультетского курса МГУ "Экономика инноваций: как запустить технологический проект?". Подробнее о курсе - https://vk.com/mfk_ei
A crucial element of formulating a firm’s technological innovation strategy is determining whether and how to protect its technological innovation. Traditionally, economics and strategy have emphasized the importance of vigorously protecting an innovation in order to be the primary beneficiary of the innovation’s rewards, but the decision about whether and to what degree to protect an innovation is actually complex.
Trends in Law Practice Management – Calculating the RisksNicole Garton
Presented by the CBA’s Legal Profession Assistance Conference, the Canadian Lawyers Insurance Association and the National Law Practice Management and Technology Section live via webconference.
The advantages of cloud computing, virtual or online law practices and unbundling of legal services are getting a lot of press – convenience to clients, reduced overhead expenses, remote access, and enhanced access to justice are among the benefits touted. But there are also very real and practical risks, and ethical implications, for each new tool or practice implemented. As these trends infiltrate legal practice in North America, lawyers and law firm leaders need to exercise due diligence to assess the potential risks and benefits.
Our panelists, Nicole Garton-Jones and David Bilinsky will provide a practical overview of these trends in law practice management. In doing so, they’ll provide you with tools to reduce the risk and identify the questions you need to ask yourself, as well as potential third party service providers, your insurers and your law society, when conducting your own risk-benefit analysis.
Register here: http://www.cba.org/pd/details_en.aspx?id=na_onfeb212
2011 Silicon Flatirons IP (Crash Course) For EntrepreneurersJason Haislmaier
Intellectual Property Crash Course for Entrepreneurs (February 22, 2011) presentation at the Wolf Law Building at the University of Colorado (Boulder, CO)
This slide deck is prepared by David Boag of Boag Law for a CoInvent seminar. This event gives an overview of the patenting process for small business owners and startups.
FLIGHT Amsterdam Presentation - Open Source, IP and Trade Secrets: An Impossi...Black Duck by Synopsys
At Flight Amsterdam, Fenna Douwenga, Associate, Bird & Bird provided practical tips on open source licenses, intellectual property rights, and trade secrets. During the presentation Fenna reviewed, everlasting conflict between patents, copyright and open source and how it can be overcome. Additionally, the new European Trade Secrets Directive was discussed and how some of the requirements therein may for instance conflict with the GNU General Public license. Furthermore, a quick outline of the influence of Brexit on licenses closed under UK law was given and how potential problems can be prevented.
Technology-protection
Transferring technology knowledge from one organization to another (whether in the form of know-how, know-what or know-who) is well known to be problematic as far as Intellectual Property (IP) is concerned.
It differs from the transfer of products and goods in various ways.
As a startup team, you create something—whether it’s software, a domain name, business logistics or a reputation—that falls within a class protected by the law. Some classes are protected automatically. Others require going through a registration, application or examination process. Fenwick lawyers Stephen Gillespie and Christopher Joslyn discuss what intellectual property is, why it is important and hot-button issues startups commonly face.
HBS seminar 3/26/14: Dark Markets, Bad Patents, No DataBrian Kahin
This presentation for the Digital Initiative at Harvard Business School looks at how digitization interacts with the patent system and the systemic dysfunction that results. This version is annotated for the benefit of the reader.
Similar to Protecting Open Innovation with the Defensive Patent License (20)
OSCON 2013 - Planning an OpenStack Cloud - Tom FifieldOSCON Byrum
The flexibility of OpenStack is a dual-edged sword, giving you unprecedented control over your infrastructure, but potentially becoming a nightmare for the indecisive manager, architect or sysadmin!
In this presentation, Tom Fifield – co-author of the OpenStack Operations Guide, and Community Manager at the OpenStack Foundation – takes you through some of the decisions you will face when planning your OpenStack cloud. In addition to a brief introduction on OpenStack and advice on how to interact with the community, he will cover topics such as:
How to approach your deployment, ranging from DIY to a turn-key solution from the ecosystem
Storage and networking decisions, including plugin options
Automating deployment and configuration with popular tools like Puppet and Chef
Through discussion of the ecosystem, customization and scaling, you’ll walk away with an understanding of ‘what it takes’ to build your OpenStack cloud.
Using Cascalog to build an app with City of Palo Alto Open DataOSCON Byrum
"Using Cascalog to build an app with City of Palo Alto Open Data" by Paco Nathan, presented at OSCON 2013 in Portland. Based on a case study from "Enterprise Data Workflows with Cascading" http://shop.oreilly.com/product/0636920028536.do
Finite State Machines are overlooked at best, ignored at worst, and virtually always dismissed. This is tragic since FSMs are not just about Door Locks (the most commonly used example). On the contrary, these FSMs are invaluable in clearly defining communication protocols – ranging from low-level web-services through complex telephony application to reliable interactions between loosely-coupled systems. Properly using them can significantly enhance the stability and reliability of your systems.
Join me as I take you through a crash-course in FSMs, using erlang’s gen_fsm behavior as the background, and hopefully leaving you with a better appreciation of both FSM and erlang in the process.
OpenCar covers OS development for a new market: automotive apps. In-car apps are poised to explode for open source developers. The market is transforming from an inefficient, proprietary model to an HTML5-based “app store” model. To enter and participate in this new target category, developers need access to automakers, automotive systems, and knowledge of industry standards and platforms. http://sdk.opencar.com
How we built our community using Github - Uri CohenOSCON Byrum
The journey of GigaSpaces as a company in building the Cloudify open source product, what worked and what didn't and how it used Github as the platform for not just hosting the code
The Vanishing Pattern: from iterators to generators in PythonOSCON Byrum
The core of the talk is refactoring a simple iterable class from the classic Iterator design pattern (as implemented in the GoF book) to compatible but less verbose implementations using generators. This provides a meaningful context to understand the value of generators. Along the way the behavior of the iter function, the Sequence protocol and the Iterable interface are presented. The motivating examples of this talk are database applications.
This talk covers why Apache Zookeeper is a good fit for coordinating processes in a distributed environment, prior Python attempts at a client and the current state of the art Python client library, how unifying development efforts to merge several Python client libraries has paid off, features available to Python processes, and how to gracefully handle failures in a set of distributed processes.
OSCON 2012 US Patriot Act Implications for Cloud Computing - Diane Mueller, A...OSCON Byrum
Presented by Diane Mueller, ActiveState @pythondj
Are you unsure what the security and privacy implications are for sensitive corporate data? US Patriot Act is causing many of us to hesitate on leveraging the cloud.
Organizations are thinking long and hard about the legal and regulatory implications of cloud computing. When it comes to actual corporate data, no matter what the efficiency gains are, legal departments are often directing IT departments to steer clear of any service that eliminates their ability to keep potential sensitive information out of the hands of Federal prosecutors.
Despite all the hype about every application moving into the cloud, some practical patterns are starting to emerge in the types of data corporations are willing to move to the cloud.
Covered in this session:
(a) Introduction to the US Patriot Act and Data Privacy issues Implications for on Cloud Computing Jurisdictional Issues
(b) Best Practices & Practical Patterns Classes of applications that best leverage the cloud
(c)What types of applications should stay on-premise Private Cloud Model(s) Building a Compliant Cloud Strategy
For more information:
email me at dianem {at} activestate {period} com
or ping me on twitter at @pythondj
visit http://activestate.com/stackato
BodyTrack: Open Source Tools for Health Empowerment through Self-Tracking OSCON Byrum
The BodyTrack project develops open source tools self tracking tools to aggregate and visualize data from diverse sources such as wearable sensors, observations from mobile apps, photos, and environmental data. Our goal is to empower individuals to explore potential environment/health interactions (food sensitivities, asthma or migraine triggers, sleep problems, etc.) and better assess strategies they think might help.
A Look at the Network: Searching for Truth in Distributed ApplicationsOSCON Byrum
A talk by C. Scott Andreas (@cscotta) of Boundary on "the network" and designing / deploying distributed applications.
This session offers a deep-dive into how application-level problems manifest at the network level. Some of these cases range from basic network partitions and node outages to sophisticated application-level changes such as garbage collections on managed runtimes, classes of bugs which evade conventional monitoring but constitute partial failures, changes in network activity based on database partitioning, load balancing, and sharding, and other warning signs that crop up at layer three long before wreaking havoc at layer seven as customer-visible failures begin to occur. Combining application-level metrics with network analytics is a powerful cocktail for identifying hot spots quickly, and connecting the dots out to the client closes the loop.
Faster! Faster! Accelerate your business with blazing prototypesOSCON Byrum
Bring your ideas to life! Convince your boss to that open source development is faster and cheaper than the "safe" COTS solution they probably hate anyway. Let's investigate ways to get real-life, functional prototypes up with blazing speed. We'll look at and compare tools for truly rapid development including Python, Django, Flask, PHP, Amazon EC2 and Heroku.
Comparing open source private cloud platformsOSCON Byrum
Private cloud computing has become an integral part of global business. While each platform provides a way for virtual machines to be deployed, implementations vary widely. It can be difficult to determine which features are right for your needs. This session will discuss the top open source private cloud platforms and provide analysis on which one is the best fit for you.
Slack (or Teams) Automation for Bonterra Impact Management (fka Social Soluti...Jeffrey Haguewood
Sidekick Solutions uses Bonterra Impact Management (fka Social Solutions Apricot) and automation solutions to integrate data for business workflows.
We believe integration and automation are essential to user experience and the promise of efficient work through technology. Automation is the critical ingredient to realizing that full vision. We develop integration products and services for Bonterra Case Management software to support the deployment of automations for a variety of use cases.
This video focuses on the notifications, alerts, and approval requests using Slack for Bonterra Impact Management. The solutions covered in this webinar can also be deployed for Microsoft Teams.
Interested in deploying notification automations for Bonterra Impact Management? Contact us at sales@sidekicksolutionsllc.com to discuss next steps.
Dev Dives: Train smarter, not harder – active learning and UiPath LLMs for do...UiPathCommunity
💥 Speed, accuracy, and scaling – discover the superpowers of GenAI in action with UiPath Document Understanding and Communications Mining™:
See how to accelerate model training and optimize model performance with active learning
Learn about the latest enhancements to out-of-the-box document processing – with little to no training required
Get an exclusive demo of the new family of UiPath LLMs – GenAI models specialized for processing different types of documents and messages
This is a hands-on session specifically designed for automation developers and AI enthusiasts seeking to enhance their knowledge in leveraging the latest intelligent document processing capabilities offered by UiPath.
Speakers:
👨🏫 Andras Palfi, Senior Product Manager, UiPath
👩🏫 Lenka Dulovicova, Product Program Manager, UiPath
UiPath Test Automation using UiPath Test Suite series, part 4DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 4. In this session, we will cover Test Manager overview along with SAP heatmap.
The UiPath Test Manager overview with SAP heatmap webinar offers a concise yet comprehensive exploration of the role of a Test Manager within SAP environments, coupled with the utilization of heatmaps for effective testing strategies.
Participants will gain insights into the responsibilities, challenges, and best practices associated with test management in SAP projects. Additionally, the webinar delves into the significance of heatmaps as a visual aid for identifying testing priorities, areas of risk, and resource allocation within SAP landscapes. Through this session, attendees can expect to enhance their understanding of test management principles while learning practical approaches to optimize testing processes in SAP environments using heatmap visualization techniques
What will you get from this session?
1. Insights into SAP testing best practices
2. Heatmap utilization for testing
3. Optimization of testing processes
4. Demo
Topics covered:
Execution from the test manager
Orchestrator execution result
Defect reporting
SAP heatmap example with demo
Speaker:
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
Let's dive deeper into the world of ODC! Ricardo Alves (OutSystems) will join us to tell all about the new Data Fabric. After that, Sezen de Bruijn (OutSystems) will get into the details on how to best design a sturdy architecture within ODC.
Search and Society: Reimagining Information Access for Radical FuturesBhaskar Mitra
The field of Information retrieval (IR) is currently undergoing a transformative shift, at least partly due to the emerging applications of generative AI to information access. In this talk, we will deliberate on the sociotechnical implications of generative AI for information access. We will argue that there is both a critical necessity and an exciting opportunity for the IR community to re-center our research agendas on societal needs while dismantling the artificial separation between the work on fairness, accountability, transparency, and ethics in IR and the rest of IR research. Instead of adopting a reactionary strategy of trying to mitigate potential social harms from emerging technologies, the community should aim to proactively set the research agenda for the kinds of systems we should build inspired by diverse explicitly stated sociotechnical imaginaries. The sociotechnical imaginaries that underpin the design and development of information access technologies needs to be explicitly articulated, and we need to develop theories of change in context of these diverse perspectives. Our guiding future imaginaries must be informed by other academic fields, such as democratic theory and critical theory, and should be co-developed with social science scholars, legal scholars, civil rights and social justice activists, and artists, among others.
LF Energy Webinar: Electrical Grid Modelling and Simulation Through PowSyBl -...DanBrown980551
Do you want to learn how to model and simulate an electrical network from scratch in under an hour?
Then welcome to this PowSyBl workshop, hosted by Rte, the French Transmission System Operator (TSO)!
During the webinar, you will discover the PowSyBl ecosystem as well as handle and study an electrical network through an interactive Python notebook.
PowSyBl is an open source project hosted by LF Energy, which offers a comprehensive set of features for electrical grid modelling and simulation. Among other advanced features, PowSyBl provides:
- A fully editable and extendable library for grid component modelling;
- Visualization tools to display your network;
- Grid simulation tools, such as power flows, security analyses (with or without remedial actions) and sensitivity analyses;
The framework is mostly written in Java, with a Python binding so that Python developers can access PowSyBl functionalities as well.
What you will learn during the webinar:
- For beginners: discover PowSyBl's functionalities through a quick general presentation and the notebook, without needing any expert coding skills;
- For advanced developers: master the skills to efficiently apply PowSyBl functionalities to your real-world scenarios.
Builder.ai Founder Sachin Dev Duggal's Strategic Approach to Create an Innova...Ramesh Iyer
In today's fast-changing business world, Companies that adapt and embrace new ideas often need help to keep up with the competition. However, fostering a culture of innovation takes much work. It takes vision, leadership and willingness to take risks in the right proportion. Sachin Dev Duggal, co-founder of Builder.ai, has perfected the art of this balance, creating a company culture where creativity and growth are nurtured at each stage.
Neuro-symbolic is not enough, we need neuro-*semantic*Frank van Harmelen
Neuro-symbolic (NeSy) AI is on the rise. However, simply machine learning on just any symbolic structure is not sufficient to really harvest the gains of NeSy. These will only be gained when the symbolic structures have an actual semantics. I give an operational definition of semantics as “predictable inference”.
All of this illustrated with link prediction over knowledge graphs, but the argument is general.
De-mystifying Zero to One: Design Informed Techniques for Greenfield Innovati...
Protecting Open Innovation with the Defensive Patent License
1. The Defensive Patent License
JENNIFER M. URBAN
JASON M. SCHULTZ
BERKELEY LAW
2013 O’Reilly Open Source Conference
Portland, Oregon
July 24, 2013
2. PROBLEM
Innovation in the shadow of software patents*
Especially for Open Innovation Communities
FOSS
Open Hardware
Mixed- or Sole-Strategy Companies
Also a problem for non-OIC tech companies
*Overbreadth and other quality problems with software patents
3. POSSIBLE SOLUTION:
DEFENSIVE PATENTING
“If you can’t beat ‘em…”
(Or, “If we’re getting patents anyway…”)
Seek patents to deter offensive lawsuits, not for
licensing or exclusion purposes
In theory, only asserted in response to litigation
In patent-heavy industries with well-resourced competitors,
often leads to cross-licensing détente
Requires some level of overlapping technology
Dealing with software patents, specifically: “your broad,
vague patents can be matched by mine”
4. THREE POTENTIAL USES
FOR DEFENSIVE
PATENTING
Patent threats between competitors
Patent threats from bullies
Patent threats from trolls
5. COMPETITOR
THREATS
Patent threats between competitors can prove costly
High information costs to avoid inadvertent infringement
• Too many patents, too many claims, valuation problems
• Fear of willfulness discourages patent mapping
High damages
High costs of injunctive relief
• Less after eBay v. MercExchange
High cost of litigating
6. HOW DP HELPS
Defensive patenting ! cross-licensed portfolios
• Addresses information costs
• Limits threats of injunctive relief
• Limits litigation costs
Creates greater certainty and predictability for innovation
cycles, market segmentation, and risk profiling which leads
to greater investment, R&D, and increased consumer welfare
7. WHAT ABOUT
BULLIES?
Patent threats by Patent Bullies (Goliath v. David)
• Verzion, AT&T and Sprint v. Vonage (VOIP)
• Apple v. HTC (smartphone touch screen)
• Microsoft v. Linux (operating system features)
• Blackboard v. Desire2Learn (educational CMS)
Defensive patenting could help reduce threats and costs but
for several reasons has been underutilized
8. WHY DON’T OSS PROJECTS
PATENT DEFENSIVELY?
You all know best: more reasons, please! But these are a few
from our work with a variety of open innovators:
Current model requires concentrated costs and benefits
• Legal, information/search, transaction costs to build portfolio and
fight back against threats
• Start-ups and F/OSS projects generally lack these resources; but
see OIN (Oracle, IBM, NEC, Novell, Philips, Red Hat, and Sony)
(Understandable) Cultural and political opposition to software
patents
• Used by bad actors: anti-competitive, bullying, trolling
• Inappropriate SM: patenting math, laws of nature
• Recent lawsuits not building confidence in the patent system…
(Understandable) Mistrust of “defensive” commitments and
longevity
9. THE DPL
Distributed network of defensive patents
Distributed license structure similar to FOSS/CC
Licensor offers [entire] patent portfolio under DPL
• Automatic NE, RF, perpetual, worldwide licenses to all comers
who also commit to offering their portfolios under the DPL
• Irrevocable unless (1) licensee sues DPL user non-defensively or
(2) stops offering own patents under DPL
DPL users may continue to license or litigate against parties
outside the network (those not using the DPL)
DPL users may stop offering DPL with appropriate notice
• We are currently considering six months as appropriate
• Previously issued licenses to other DPL users remain in effect after
a party leaves
• But see Hayes/Schulman “sticky”/”non-sticky” idea
• Leaving users’ DPLs may be revoked at each licensor’s discretion
DPL obligations “travel with the patent”
16. HOW THE DPL COULD HELP
Distributes both costs and benefits
via network effects
• Costs of patenting are distributed to those
who can afford them or already need to
patent; possible pro bono help
• All users benefit from each commitment to
defense
• Eliminates info, injunction, litigation costs w/
in network
• Costs of cross-licensing are low, as with
FOSS and CC licenses
Uses high legal, information, and
transaction costs of patent strategy to
encourage growth of network
• High info costs & risks vs. commitment to
defense and associated certainty may
incent new firms to join network, increasing
its value
Provides legally binding commitment
to defense: multi-lateral disarmament
• Licensees can stop worrying about
particular patents coming back to haunt
them, even if ownership changes
Promotes “Safer Patenting”
Supports Open Innovation
Community cultural and political
norms
• IP used to promote freedom to innovate,
access to knowledge, and protection from
legal constraint
• Like instrumentalist approaches of FOSS
and CC in using copyright
Technology Neutral
Can be done , entirely through
private choice
• No changes in examination, PSM,
claiming needed
• But can work along with these solutions
Co-exists peacefully with other
solutions
17. WHAT ABOUT
TROLLS?
Defensive patenting generally ineffective because trolls do
not make, use, sell, or offer for sale, so you can’t assert a
patent against them
But a true, permanently defensive patent has little value to
trolls: safer patenting!
http://www.flickr.com/
photos/thomwatson/
The Fremont Troll
18. WHAT ABOUT PATENT
QUALITY?
Patents are the best prior art: DPL can help build it out
DPL users should also support other ideas for increasing patent
quality and clarity (Menell, Lemley, Chin, others)
Encouraging networked defensive patenting is indeed a second-
best solution
Can absolutely work in connection with other ideas for
reconsidering PSM, tweaking examination, etc
WHAT ABOUT PATENTABLE
SUBJECT MATTER AND
CLAIMING?
19. CONCERNS
Need overall patent system reform
Patentable subject matter
Patent overbreadth and vagueness
Technical and Practical Concerns: Most Addressed; Some a Matter of
Strategic Choice
• Network has to hit a size threshold for some benefits to kick in
• Weak incentives to patent and/or join
• Adds to patent thicket
• No requirement of mutual defense
• Too much to ask for whole portfolio [could be by standard or
technology
• Too hard to leave
• Too easy to leave
• Antitrust concerns, especially in EU
• Gaming the system/free riding/bankruptcy
20. NEXT STEPS
Presently really “kicking the tires”
Terms
Language
Gathering adopters
• Presently discussing terms and language with interested OS
projects, start-ups, medium-portfolio companies
Launch planned for end of 2013
21. THANKS!
Jennifer: jurban@law.berkeley.edu
Jason** SchultzJ@exchange.law.nyu.edu
**contact for comments and sign-on discussions
--------------------------------------------------------------------------------
GitHub:
https://github.com/defensivepatent/model-defensive-patent
Paper:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2040945
Op-ed:
http://www.wired.com/opinion/2013/02/nuclear-deterrence-for-patents-
lets-create-a-network-of-defensive-patents/
David Hayes and Eric Schulman response:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2054314