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Troll-Proofed Defensive Patent License Launches with 23 Patents

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Re: Troll-Proofed Defensive Patent License Launches with 23 Patents

#4

Post by function_seven »

I'm curious as to the enforceability of the all future patents clause. If I decide to license a patent under the DPL today, can I terminate my own rights as a licensee at some future date and avoid having to license my future patents in the same manner?

Re: Troll-Proofed Defensive Patent License Launches with 23 Patents

#5

Post by moondistance »

function_seven wrote: post #4

I'm curious as to the enforceability of the all future patents clause. If I decide to license a patent under the DPL today, can I terminate my own rights as a licensee at some future date and avoid having to license my future patents in the same manner?

"If one ceases offering one’s patents under the DPL, previous licensees keep their DPLs royalty-free, but the leaving user may have her licenses converted from royalty-free to fair, reasonable, and non-discriminatory terms (FRAND) at the discretion of the remaining licensors." -http://www.defensivepatentlicense.org/content/frequently-ask...

Re: Troll-Proofed Defensive Patent License Launches with 23 Patents

#6

Post by mintplant »

function_seven wrote: post #4

I'm curious as to the enforceability of the all future patents clause. If I decide to license a patent under the DPL today, can I terminate my own rights as a licensee at some future date and avoid having to license my future patents in the same manner?

I'm worried about how this would affect someone's employability. Could this "poison" your work in the eye of a corporation's legal department?

Re: Troll-Proofed Defensive Patent License Launches with 23 Patents

#7

Post by TheLoneWolfling »

mintplant wrote: post #6
function_seven wrote: post #4

I'm curious as to the enforceability of the all future patents clause. If I decide to license a patent under the DPL today, can I terminate my own rights as a licensee at some future date and avoid having to license my future patents in the same manner?

I'm worried about how this would affect someone's employability. Could this "poison" your work in the eye of a corporation's legal department?

Anything could "poison" your work in the eye of a corporation's legal department.

Re: Troll-Proofed Defensive Patent License Launches with 23 Patents

#8

Post by pierrec »

Disclaimer: I am not a lawyer.

So DPL-licensed patents can never be used offensively in the future, but wouldn't they also greatly reduce the inventor's chances of ever making any money with their patent?

Large corporations will just use your patent for free, because their own patents are held by separate shell companies, so they are "part of the DPL network" by default.

And if you can't make any money with your patent, why make a patent? It's costly and complicated. Might as well just publicly disclose the invention (in a legally acceptable way), and the result will be the same as filing a patent under DPL.

Re: Troll-Proofed Defensive Patent License Launches with 23 Patents

#10

Post by blazespin »

Not all software patents are born equal. IP is a hard problem that is very difficult to solve. The solution is not to just give up. These schemes, like the DPL, are fine as long as we avoid language like "bullies, trolls, or other leeches" which is inflammatory and counter productive. There is likely a role for patent pooling and charging as it rewards and incentives innovation - it just hasn't been fully figured out yet.
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