In theory, publishing X and patenting X are both equally valid ways to prevent other people from patenting X. Does it not work that way in practice?
Could be wrong, but I had the impression that software companies have historically amassed patents NOT because patenting X is the best way to prevent another company from patenting the exact same thing X or things very similar to X, but rather because “the best defense is a good offense”, and if I have a dubious software patent on X and you have a dubious software patent on Y then we can have a balance of terror so that neither wants to sue the other. (That wouldn’t help defend Microsoft against patent trolls but would help defend Microsoft against Oracle etc.)
In theory, publishing X and patenting X are both equally valid ways to prevent other people from patenting X. Does it not work that way in practice?
Could be wrong, but I had the impression that software companies have historically amassed patents NOT because patenting X is the best way to prevent another company from patenting the exact same thing X or things very similar to X, but rather because “the best defense is a good offense”, and if I have a dubious software patent on X and you have a dubious software patent on Y then we can have a balance of terror so that neither wants to sue the other. (That wouldn’t help defend Microsoft against patent trolls but would help defend Microsoft against Oracle etc.)
Possibly related? “Technical Disclosure Commons”, IBM Technical Disclosure Bulletin, Defensive Publication.
IANAL.