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List:       e-lang
Subject:    RE: [e-lang] Patent disclosure policy
From:       "Jonathan S. Shapiro" <shap () eros-os ! org>
Date:       2002-12-26 19:50:59
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[NEW POLICY AT END -- PLEASE READ]

On Thu, 2002-12-26 at 13:57, Karp, Alan wrote:
> Thanks for bringing this up.  These lists are indeed public forums, and we need to \
> treat them as such.   
> I disagree that describing ideas covered by patents is rude or
> misleading...

That's not what I said. I said "*advocacy* of techniques that are known
to be patent encumbered". If you know there is an encumbering patent,
simply say so. Disclosing that there is a patent is sufficient from an
ethical point of view.

These lists, however, concern open source projects. In the context of
open source efforts, advocating a technique that is known to be patented
really is both rude and misleading. If the patent holder has issued an
unrestricted grant for use in open source systems this doesn't apply.

> Public disclosure before filing a patent application precludes foreign
> filings, but there still is a one year window in which US filings are
> allowed.

This is true. I decided not to go into it because these lists aren't
really an appropriate forum for discussions of patent law except as they
may apply to our work. Since the issue has been raised, however, let me
now make a statement of policy for lists hosted on eros-os.org:

*** If you are the inventor of an idea that is not currently patented,
describing it here constitutes releasing it to the public domain for use
without royalty, fee, or constraint. If you subsequently file a patent
on any such idea or technique, your disclosure of the idea here
constitutes a prior agreement not to enforce the patent. ***

I am adopting this very strong stance because the risk of intellectual
"poisoning" from such disclosures is both very large and undetectable by
the victim. Please note that a patent that goes unenforced can be
trivially overturned.

If you don't want to give the idea away, don't disclose it on these
lists.  

shap

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