Re: Patents, IETF and Network Operators

[Steven Bellovin <smb () cs columbia edu>]

On Jan 21, 2010, at 1:29 PM, George Bonser wrote:

> > -----Original Message-----
> > From: Shane Ronan 
> > Sent: Thursday, January 21, 2010 9:33 AM
> >
> > The real question is why Patent something?
> >
> > The reality is even if you patent any idea/feature, other vendors will
> > come out with a similar (although not patent infringing) version of
> > the same idea/feature. While you might get a short term jump on other
> > vendors, if the idea is really good, everyone else will catch up
> > quickly. Further, customers REALLY like inter-op, I know for one I
> > don't use protocols from vendors that aren't "standard"
>
> The purpose of a patent is not to keep others from using your idea but
> exactly the opposite.  It gives you exclusive use of an idea but also
> makes for a mechanism where your idea is then documented and can be used
> and improved upon by others once your exclusive use expires.

Yes and no -- don't confuse the purpose of a patent with the rights it gives you.  A patent is not the right to do 
something; it's the right to keep others from doing it.

The purpose, though, is as you say: in exchange for publication of your ideas, society gives you a limited-term 
monopoly.  

I should add: patents can help society not just because it sees your ideas, but because of the monopoly: people are 
motivated to invent around your patent.


                --Steve Bellovin, http://www.cs.columbia.edu/~smb