Best Approach To Keeping a Virtual World Protocol Free to All?

arkowitz writes "I invented a protocol called CICP for interacting with virtual worlds, and filed a provisional patent application on it March 20 of last year. I have since declared the protocol open and public, and contributed an implementation of it to the Sun Wonderland project, which is GPL; and made public the LSL code and accompanying Java servlet for the Second Life implementation of the protocol. I've been collaborating with a fellow in Finland named Tommi S. E. Laukkanen on a new protocol called MXP: Metaverse Exchange Protocol (here's a full description at cybertechnews.com). MXP is and will always be public domain; we intend it to enable an open and ubiquitous metaverse. My question is this: is there any reason to complete the patent app for CICP, which could potentially cover MXP as well, and release it to the public domain? The full app is due by March 20 and the legal work would probably cost my company $10k. Would finishing the patent protect the open and public protocols from patent trolls, or would it be a waste of money? Also, what kind of document would I need to make official the public-domaining of the app?"

create a 'defensive publication'

[dencarl]

From DefensivePublications.org [defensivep...ations.org] ...

Defensive publications, which are endorsed by the USPTO as an IP rights management tool, are documents that provide descriptions and artwork of a product, device or method so that it enters the public domain and becomes prior art. This powerful preemptive disclosure prevents other parties from obtaining a patent on the product, device or method. It enables the original inventor to ensure that they have access to their invention by preventing others from later making patent claims on it. It also means that they do not have to shoulder the cost of patent applications.

[emphasis mine]

Re:Public domain isn't necessariliy free and open

[DragonWriter]

You are, to some extent, talking about creating two different things: public domain Vs. GPLed.

OP seems pretty clear that they are looking to release the protocol to the public domain, while the software they have so far released that implements the protocol is released under the GPL. Those are, quite clearly, two different things, but they are not at all in conflict.

You're being overcharged.

[PatentMagus]

If you don't want it to be patentable, then publish it promptly. Also, your protocol is covered by copyright. Go to copyright.gov and spend the $35 to register it. You can always whip out that copyright registration to support an argument that someone else wasn't the first inventor.

As for defensive patents ... Patenting the protocol itself is pretty weak unless the specification clearly states what each message is supposed to do. In fact, it is the effects on the server farm and client machines that is patentable (if anything is).

Besides, I think what you are after is a patent application that the various examiners will find when they do searches. It need not lead to a patent. That costs $500 per application. Both of your protocols can be submitted in the same document. You only need one claim and it can be narrow as hell so that no one can infringe it. You could also do an early publication request. Once the UPSTO publishes your protocol documents, that about does it. They are published and the examiners are more likely to find them. Of yeah, just as web sites can be optimized for search engines, so can patent apps be optimized for patent searches. Include the buzz words/phrases you expect other people to so that the app pops up in the search.