"prior art" entries
Seeking prior art where it most often is found in software
Open Invention Network plans to mine open source projects for patent busters
Patent ambushes are on the rise again, and cases such as Apple/Samsung shows that prior art really has to swing the decision–obviousness or novelty is not a strong enough defense. Obviousness and novelty are subjective decisions made by a patent examiner, judge, or jury.
In this context, a recent conversation I had with Keith Bergelt, Chief Executive Officer of the Open Invention Network takes on significance. OIN was formed many years ago to protect the vendors, developers, and users of Linux and related open source software against patent infringement. They do this the way companies prepare a defense: accumulating a portfolio of patents of their own.
Software patents, prior art, and revelations of the Peer to Patent review
Besides the greater openness that Peer to Patent promotes in
evaluating individual patent applications, it is creating a new
transparency and understanding of the functioning of the patent system
as a whole. Problems with prior art disproportionately affect
software.