Abhishek,
I see that you have already received multiple answers,
but as someone who deals with IPR and standardization,
I would like to make a few points.
First, since you ask about motivation, I would ask you what is your motivation
for filing a patent? In software and communications patent applications are
almost never
filed for the reasons that they are filed in the classical practical arts,
namely to acquire exclusivity for a certain time.
The fact that they take so long to be granted (often 4-5 years),
and that it is so difficult to predict whether they will be granted,
effectively rules out acquiring a reasonable window of exclusivity.
Instead, there are two main reasons to file -
big companies file in order to have sufficient defenses against other big
companies
who may attack them, and small companies file in order to be attractive to
big companies who may acquire them.
Note that large companies almost never sue smaller ones for infringement
(as the small companies don't have the resources to pay anyway);
if threatened, it is much easier to lock them out of sales channels
or to acquire them.
Large companies sue other large companies for many reasons,
but only infrequently to acquire exclusivity.
Trolls go after large companies (who can afford to pay),
since the large company's patent portfolio doesn't threaten them.
Small companies almost never sue other small companies
(neither have the resources).
Small companies who sue larger ones are probably doing so more
for the PR than for the IPR aspects.
Second, what is the motivation for submitting ideas to SDOs such as the IETF?
One reason is to push an approach for which you have an advantage,
under the assumption that if standardized you have get an effective exclusivity
window.
Another is to impede progress when your approach is not accepted
until you have the time to implement the accepted approach.
Finally, the very fact that you contribute to a document gives you
(and in some SDOs, your company) the visibility to potential customers.
So if you are looking for a window of exclusivity,
it is probably safer to invest time in standardization.
The window may be shorter, but 17 years is probably meaningless
for most inventions in software and communications anyway.
If you are looking for your invention to be actually implemented,
it is certainly better to place it in the public domain
(or at least patent it and offer to RAND license it)
and propose its standardization.
If you really want to make money using patents,
then filing is too risky and too expensive.
Buy up already granted ones that are being sold by companies
going out of business - they may not be good enough to keep a company solvent,
but you may be able to get substantial nuisance payments
from large companies.
Y(J)S
-----Original Message-----
From: ietf-bounces(_at_)ietf(_dot_)org
[mailto:ietf-bounces(_at_)ietf(_dot_)org] On Behalf Of Abhishek Verma
Sent: Friday, January 22, 2010 02:58
To: ietf(_at_)ietf(_dot_)org
Subject: Motivation to submit an idea in IETF?
Hi,
I have a basic question relating to patents and IETF.
Assume that i have a nifty idea on how i can speed up, lets say, a
database exchange in OSPF. My doubt is that why should i submit an
IETF draft describing this, which can later become an RFC, when i can
very well patent this idea? I understand that if i submit this to
IETF, then there will be an RFC and all vendors will come out with
inter-operable implementations. However, if i dont give it to IETF and
rather submit a patent, i can do very well for the vendor that i work
for. All customers using this vendor's boxes will now have access to
patented database exchange in OSPF, which will effectively mean more
business for this vendor.
So, the question is, what is the motivation for somebody to write an
internet-draft when the person can file a patent?
I spoke to several people offline and i couldnt get any good answers.
The typical response was that most ISPs prefer multiple vendors, and a
patented solution will cause issues as the other vendor will not have
that support. Is this the only reason?
Thanks,
Abhishek
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