Dear Mr. Manocha,
In any case (whether you're claiming that B's patent is invalid due to
anticipation by your publication, or due to anticipation by your
patent) you will have to fight it out in court.  I thus don't really
see why you would _have_ to go in for a patent.  (There can of course
be other reasons that one might want to go in for a patent, such as
the benefits it has for cross-licensing, etc.)  But, if establishing
prior art is your primary concern, I don't see how a patent would do a
better job of it than a print publication (especially if it is
available online for free, and shows up in web searches).

Regards,
Pranesh

On Mon, Aug 10, 2009 at 08:10, Dipendra
Manocha<[email protected]> wrote:
> If you ask why should I patent it if I have to open its source, then I would
> want that no one else should patent for my open source software. 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.

-- 
Pranesh Prakash
Programme Manager
Centre for Internet and Society
W: http://cis-india.org | T: +91 80 40926283
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