How does AIA affect open source?
The America Invents Act increases the benefits of
participating in open source in two ways.
First of all, defensive publication
becomes a much more powerful tool. The
To Blog rule means that a blog post or other
publication is more likely to count as prior art,
since a patent applicant can't claim an earlier
invention date to beat it. Although it is possible
to do defensive publication of just documents
while keeping the code itself secret, it's less
administrative overhead to just open source as much
AIA also provides for a challenge system, which will be
difficult for most companies to use independently.
Industry organizations will probably have a new role in
challenging patents that attack their members. The
EFF is already doing this for 3D printing
More details: The America Invents Act: Fighting Patent Trolls With "Prior Art"
Syndicated 2013-05-21 03:12:49 from Don Marti