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Isn’t this exactly just the job of licensing? With favourable licensing, it seems to me (IANAL) the patenting is just defence for us all, keeping a less-sharing
by bch 8y ago
Isn’t this exactly just the job of licensing? With favourable licensing, it seems to me (IANAL) the patenting is just defence for us all, keeping a less-sharing third party from patenting and locking-down a process or implementation.
- bdowling 8y agoNo. Patents grant a monopoly for a limited time and there is no compulsory licensing regime for patents. Many patent-owners do license their inventions, but others don't.
- bch 8y agoI think we’re saying the same thing. The licensing isn’t compulsory, but if ONE CHOOSES to license liberally, those are the terms of use. A benevolent actor could patent a thing, freely license, and head off another actor that would patent-and-lock-down.
- bdowling 8y agoIt's not necessary to spend the money to obtain a patent in order to prevent others from patenting an invention. All you need to do is make the invention available by publishing it somewhere discoverable by the relevant public. The publication doesn't need to be in an academic journal either. A recent case found that a message on Usenet was sufficiently public because Usenet is organized hierarchically into newsgroups on various topics. A blog post would also probably suffice, so long as it's indexed by a search engine.