There are two things that are needed to improve patents for open source.

(1) A codification that publication prior to patent submission of
algorithms eliminate patentability. I think the AIA explicitly states this
as an exception of first to file.

(2) A recognition that "publication" means publicly available and not only
through noted journals. Sourceforge, github, etc should serve to provide
prior art.



> I favor a return to the model requirement.  When one submits a patent for
> an invention one must include a functioning model of the invention.
>
> --Rich P.
>
>
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