Re: Should I make and donate a patent to Open Invention Network?

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This is not legal advice ... but the point Bechet is making is underneath the decision some entity with a patententable invention must contemplate before making a contribution based on the invention to an SDO ... when to make the contribution, when to make a disclosure, when to apply for a patent (before the contribution likely) , where to apply for a patent, etc. ...

for sure patent offices around the world seek close relationships with SDOs http://sites.nationalacademies.org/cs/groups/pgasite/documents/webpage/pga_072350.pdf

In this case http://www.bailii.org/ew/cases/EWHC/Patents/2015/3366.html a patent was held valid but the patent owner applied for the patent just hours after disclosing the invention to participants in an SDO and the validity was challenged

Alexy did not indicate in the note that the ideas had been contributed yet ... but if they were ... Alexy would do well to get some legal advice

BTW, an option Alexy did not indicate is to sell the patentable invention to some entity that might be interested

George T. Willingmyre
President GTW Associates


-----Original Message----- From: Behcet Sarikaya
Sent: Monday, January 25, 2016 11:15 AM
To: Alexey Eromenko
Cc: ietf
Subject: Re: Should I make and donate a patent to Open Invention Network?

Alexey since you already published them I don't think you can patent them.

Behcet

On Sat, Jan 23, 2016 at 5:55 AM, Alexey Eromenko <al4321@xxxxxxxxx> wrote:
Hello,

Some of my inventions can be patended. Mobile TCP is a big one.
Another patentable idea from my IPv5 (IP-FF) protocol stack is a hybrid
UniMulticast Routing. Those ideas can be back-ported to IPv4 and IPv6
networks.

I have few ways:
1. Don't patent at all
2. Patent through Open Invention Network (OIN), basically donate patent to
Open - Source community
3. Go commercial,  and patent it myself. (But I do need to put food on the
table, considering I am currently unemployed, but I am not sure this is the
correct way to promote Internet innovation,  that is supposed to be free.
After all my innovation stands on the shoulders of Titans. The original
TCP/IP invention by DARPA.). But I don't have the capital to enforce the
patents, or to become a patent troll anyway... so perhaps this is not a
realistic scenario. Finally I think proprietary Internet technology is a
wrong idea.

Questions:
1. Can I submit a patent application,  after submitting IETF draft ?
2. Which of the three options would you choose, in my position?

-Alexey Eromenko " Technologov "



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