On Fri, 24 Sep 2004, Anne P. Mitchell, Esq. <amitchell(_at_)isipp(_dot_)com>
wrote:
Meng, are you taking steps to get SPF Classic patented?
Anne possibly knows being a lawyer, but I don't think this is good idea
any more. Here are the reasons:
1. The actual technology was not really invented by Meng in the first
place but is based on RMX by Hadmudt and Mail-From draft by Vixie
(which he himself admitted to not being author of the idea).
Note: There is possibility that an "invention" maybe claimed for SPF
as far as checking HELO domain if MAIL-FROM is empty. I'm not
certain who was author of that idea, but I've not seen this
before SPF anywhere else. I don't think this in itself is
worth patenting though.
2. In regards to above, we're trying to say that Microsoft should not
be patenting somebody elses invention or something that is obvious
and that mosts software patents in general are a bad idea, so lets
not give them good excuse by trying to do the opposite.
3. In US you can patent something within 1 year of invention, after that
that it is public domain. I think its past 12 months now for SPF.
.
4. When two competing patents are in the system, USPTO will usually give
patent to the one that came in first. This can be challenged on the
USPTO level, but this would require a lot of money especially since
opponent is Microsoft.
---
William Leibzon
Elan Networks
william(_at_)elan(_dot_)net