Subject: RE: Patent prior art database
From: "Lawrence Rosen" <lrosen@rosenlaw.com>
Date: Thu, 3 Jul 2008 11:07:22 -0700

Don Marti wrote:
> But don't you _want_ the other guy wasting his time
> and money acquiring a useless patent instead of a
> dangerous one?

Any patent--even a "useless" one--is potentially dangerous if I have to pay
$3M (minimum) to challenge it in court. I'd rather get it discarded much
earlier in the game when it is far cheaper, or spend my time now learning to
design around it.

> And if Peer-to-Patent type projects were a threat to
> trolls, wouldn't the "independent inventors" patent
> bar groups be complaining about them?

Like you, I'm mostly worried about open source. That's why Rob Cameron's
message earlier was that there is a business model that offers patents
friendly to open source. I can't control trolls any better than you can, but
hopefully I can influence against "useless" patents, and help make sure
"dangerous" patents are available for free for open source. 

/Larry



> -----Original Message-----
> From: Don Marti [mailto:dmarti@zgp.org]
> Sent: Thursday, July 03, 2008 10:43 AM
> To: Lawrence Rosen
> Cc: fsb@crynwr.com
> Subject: Re: Patent prior art database
> 
> begin Lawrence Rosen quotation of Thu, Jul 03, 2008 at 09:14:58AM -0700:
> 
> > There is a reasonable chance nowadays of having
> > patent applicants and the PTO not waste their time and money on
> prosecuting
> > and litigating patent applications for which there is good prior art.
> 
> But don't you _want_ the other guy wasting his time
> and money acquiring a useless patent instead of a
> dangerous one?
> 
> And if Peer-to-Patent type projects were a threat to
> trolls, wouldn't the "independent inventors" patent
> bar groups be complaining about them?
> 
> --
> Don Marti                                               +1 415-734-7913
> mobile
> http://zgp.org/~dmarti/
> dmarti@zgp.org         Linux device driver unconference:
> http://freedomhec.org/