On Mon, Aug 10, 2009 at 11:37 AM, jtd <[email protected]> wrote: > On Monday 10 August 2009, Dipendra Manocha wrote:> Although if I am able to > prove that my software was published and I have > > proof for it, then I can certainly fight it out in the court. How ever, > > patent would be a proactive action to avoid getting into something like > > this in first place. > > In court it's a whole can of worms. India uses "first to file" principle > afaik. So publishing will set you back. >
Arguably, this is not a given. The very basic principle of patenting is that the idea or innovation not be in the public domain, which is almost trivial to prove in court (given prior publishing of the source code). Of course, it would be ideal not to have to go to court, but the reality is that patent holders often end up in court to defend their 'rights', in any case. Also arguably, we *need* a few prominent cases in court, if only to demonstrate to the courts that the Indian patent office is not exercising full competence (and even perhaps, that such a system can never deliver competently). One or two hefty fines should sort that out. -- Vickram http://communicall.wordpress.com
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