Software Technology Transfer Using a Patent-Based Open Source Model

My current work in software technology transfer seeks to identify successful business models for university-based spin-off companies based on a framework that combines software patents with open source software. Under this framework, software patents are used to protect innovative software technology and computer-implemented inventions. In contrast to the usual approach of licensing such patents for exclusive use in proprietary products, however, the model explored in this work makes the technologies available for free implementation under open source licenses. The business model is based on dual licensing of commercial applications that combine open source technology with proprietary hardware and/or software components.

From a philosophical perspective, the overall goal of this work is to achieve synergy between three systems of technology knowledge development.

• The academic enterprise comprising universities dedicated to the advancement and dissemination of knowledge.
• The patent system founded on the goal to "promote the progress of science and useful arts" by securing for inventors a time-limited exclusive right to their discoveries [U.S. Constitution, Section 8].
• The free and open source software ecosystem that embodies knowledge in the form of software source code and makes that source code available for anyone to use, study, modify and redistribute on free and open source terms.

From a practical perspective, this work is intended to advance the following objectives.

• To offer an open-source alternative to university researchers who wish to benefit from commercialization of their patentable work.
• To establish and grow a body of innovative technology that is dedicated for free use in open source software without fear of patent infringement.
• To find a constructive approach to addressing the software patent mess as it affects open source software, in particular.
• To establish a new business model that allows open-source businesses to benefit from protections afforded by the patent system.
• To establish a new academic model of refereed industrial contributions employing refereed patent applications in conjunction with open software dissemination.

Further Information

• A first draft Model Patent Policy has been developed for patent-based open source companies.
• I am using the patent-based open-source model to commercialize my own research results in the area of high-speed character/Unicode/XML processing using SIMD technology.
• A key element of the model is the submission of patents to rigorous peer review. We are participating in the Peer to Patent Project being run as a pilot program for the US Patent and Trademark Office.
• Stay tuned for upcoming information on International Characters, an SFU technology spin-off company.