New Patent law vs Copyleft licence

gopichand · 2011-09-27 18:53:49

Hello, I hope I am posting on a relevant thread.

The new reformed patent law that was passed recently awards the patents to the person who filed first.
If I innovated something but released it under copyleft i.e. I opened by designs and developments for everyone. I did not file patents may be to liberate/free my design and development.
If someone copies my design, made very minor or no changes at all but released a new product and filed for patent. After obtaining the patent what if he asks me to stop producing my product, how are we supposed to face this situation?

EDIT:
Here is an URL: http://www.businessinsider.com/new-pate … ses-2011-9

Last edited by gopichand (2011-09-27 19:00:35)

Inxsible · 2011-09-27 18:58:29

links?

karol · 2011-09-27 19:02:05

IANAL, but US now does what every other country did for a long time.

gopichand · 2011-09-27 19:10:27

karol, you are right. But I did not find a way to understand this concept.
Well the URL says its a blow to Small Businesses and Individuals. The problem is it does not make it hard it kinda eliminates few sections of innovators. The reason I am asking is, I am a PhD student and I want to release my code and concepts to everyone. If I use GPL can I still preserve the liberty of my Inventions?

karol · 2011-09-27 19:42:50

Yes, it may be hard for individuals and small companies / organizations to deal with the patent stuff.
Have you read e.g. http://www.advogato.org/article/89.html ? Yes, I know it's over a decade old, but may be a valid way of protecting your ideas while still giving them away.

jasonwryan · 2011-09-27 20:37:42

This is an older article, but it is helpful when thinking about the relationship between software patents and free software licenses.

http://www.gnu.org/licenses/rms-why-gplv3.html

karol · 2011-09-27 20:44:36

http://www.advogato.org/article/89.html#11 (a comment from the link I posted in my previous post): Bruce Parens on Raph Levien's patent grants.

While not related to patents, I think that some info on GPL and earning money fits here nicely:
http://www.gnu.org/philosophy/selling.html
http://www.gnu.org/philosophy/selling-exceptions.html

mythus · 2011-10-05 13:23:52

Think about it this way, Linus has a patent on Linux. He had to do this, despite not wanting to, so that people like Microsoft couldn't take it, patent it, and then make a big mess of it all. Yet it is also GPL'ed.

So taking that as an example, you should be able to conclude that patents != license.

karol · 2011-10-05 13:45:08

mythus wrote:

Think about it this way, Linus has a patent on Linux. He had to do this, despite not wanting to, so that people like Microsoft couldn't take it, patent it, and then make a big mess of it all. Yet it is also GPL'ed.
So taking that as an example, you should be able to conclude that patents != license.

Patent? Any links?

The registered trademark Linux® is used pursuant to a sublicense from LMI, the exclusive licensee of Linus Torvalds, owner of the mark on a world-wide basis.

Trademark != patent.

alphaniner · 2011-10-05 14:03:12

It's crazy that there should be any ambiguity for those who wish to freely share their creations. Ultimately, Intellectual Property protection is supposed to be about benefiting society at large.

mythus · 2011-10-08 14:32:22

You are right Karol, I got my information wrong. I'll go hide in the corner now.

Arch Linux

#1 2011-09-27 18:53:49

New Patent law vs Copyleft licence

#2 2011-09-27 18:58:29

Re: New Patent law vs Copyleft licence

#3 2011-09-27 19:02:05

Re: New Patent law vs Copyleft licence

#4 2011-09-27 19:10:27

Re: New Patent law vs Copyleft licence

#5 2011-09-27 19:42:50

Re: New Patent law vs Copyleft licence

#6 2011-09-27 20:37:42

Re: New Patent law vs Copyleft licence

#7 2011-09-27 20:44:36

Re: New Patent law vs Copyleft licence

#8 2011-10-05 13:23:52

Re: New Patent law vs Copyleft licence

#9 2011-10-05 13:45:08

Re: New Patent law vs Copyleft licence

#10 2011-10-05 14:03:12

Re: New Patent law vs Copyleft licence

#11 2011-10-08 14:32:22

Re: New Patent law vs Copyleft licence

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