There was a interesting talk on how to work around software patents for the open source community.
Basically:
* Prior Art is really reallly really f-ing hard. Much harder then most people imagine. It's so hard that it's not even worth trying.
* Invalidating patents in some other way.. see above.
So... since it's going to cost millions of dollars and it almost won't work anyways to try to invalidate a patent then what you can do is find a work around.
In the patent you must ignore the 'abstract'. The important part you must work with first is the 'independent claims'.
The 'independent claims' make up the meat of the patent. If you can find a work around for just ONE of the independent claims then that means that you do not violate the patent. You just need to get the patent language and terms as specific as possible then do it different. By doing this you are not invalidating a patent, your just making it null and void as far as your concerned.
If the OSS community was to find one work around for a patent claim then publish it it would effectively destroy the commercial viability for a patent. If the OSS community does this enough then it will actually scare the patent trolls away since they do not want the work-arounds publically known.
See details, videos of the talk, and transcription here:
http://news.swpat.org/2010/03/transc...dgell-patents/
That is by one of the major project members of the SAMBA project. He has fought Microsoft on patents and won, so he knows what he is talking about.


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