The Anti-Patent Patent Pool is an independent patent licensing organization. (Hence APPP)
One option would be to just allow anyone to use those patents free of charge.
A more aggressive option would be a viral licensing model. (like the GPL, which has completely failed, so hey, maybe not). The idea of the viral licensing model is like this :
Anyone who owns no patents may use any patent in the APPP for free (if you currently own patents, you may donate them to the APPP).
If you wish to own patents, then you must pay a fee to license from the APPP. That fee is used to fund the APPP's activities, the most expensive being legal defense of its own patents, and legal attacks on other patents that it deems to be illegal or too broad.
(* = we'd have to be aggressive about going after companies that make a subsidiary to use APPP patents while still owning patents in the parent corporation)
The tipping point for the APPP would be to get a few patents that are important enough that major players need to either join the APPP (donate all their patents) or pay a large license.
The APPP provides a way for people who want their work to be free to ensure that it is free. In the current system this is hard to do without owning a patent, and owning a patent and enforcing it is hard to do without money.
The APPP pro-actively watches all patent submissions and objects to ones that cover prior art, are obvious and trivial, or excessively broad. It greatly reduces the issuance of junk patents, and fights ones that are mistakenly issued. (the APPP maintains a public list of patents that it believes to be junk, which it will help you fight if you choose to use the covered algorithms). (Obviously some of these activities have to be phased in over time as the APPP gets more money).
The APPP provides a way for small companies and individuals that cannot afford the lawyers to defend their work to be protected. When some evil behemoth tries to stop you from using algorithms that you believe you have a legal right to, rather than fight it yourself, you simply donate your work to the APPP and they fight for you.
Anyone who simply wants to ensure that they can use their own inventions could use the APPP.
Once the APPP has enough money, we would employ a staff of patent writers. They would take idea donations from the groundswell of developers, open-source coders, hobbyists. Describe your idea, the patent writer would make it all formal and go through the whole process. This would let us tap into where the ideas are really happening, all the millions of coders that don't have the time or money to pursue getting patents on their own.
In the current system, if you just want to keep your idea free, you have to constantly keep an eye on all patent submissions to make sure noone is slipping in and patenting it. It's ridiculous. Really the only safe thing to do is to go ahead and patent it yourself and then donate it to the APPP. (the problem is if you let them get the patent, even if it's bogus it may be expensive to fight, and what's worse is it creates a situation where your idea has a nasty asterisk on it - oh, there's this patent that covers this idea, but we believe that patent to be invalid so we claim this idea is still public domain. That's a nasty situation that will scare off lots of users.)
Some previous posts :
Some notes :
1. I am not interested in debating whether patents are good or not. I am interested in providing a mechanism for those of us who hate patents to pursue our software and algorithm development in a reasonable way.
2. If you are thinking about the patent or not argument, I encourage you to think not of some ideal theoretical argument, but rather the realities of the situation. I see this on both sides of the fence; those who are pro-patent because it "protects inventors" but choose to ignore the reality of the ridiculous patent system, and those on the anti-patent side who believe patents are evil and they won't touch them, even though that may be the best way to keep free ideas free.
3. I believe part of the problem with the anti-patent movement is that we are all too fixated on details of our idealism. Everybody has slightly different ideas of how it should be, so the movement fractures and can't agree on a unified thrust. We need to compromise. We need to coordinate. We need to just settle on something that is a reasonable solution; perhaps not the ideal that you would want, but some change is better than no change. (of course the other part of the problem is we are mostly selfish and lazy)
4. Basically I think that something like the "defensive patent license" is a good idea as a way to make sure your own inventions stay free. It's the safest way (as opposed to not patenting), and in the long run it's the least work and maintenance. Instead of constantly fighting and keeping aware of attempts to patent your idea, you just patent it yourself, do the work up front and then know it's safe long term. But it doesn't go far enough. Once you have that patent you can use it as a wedge to open up more ideas that should be free. That patent is leverage, against all the other evil. That's where the APPP comes in. Just making your one idea free is not enough, because on the other side there is massive machinery that's constantly trying to patent every trivial idea they can think of.
5. What we need is for the APPP to get enough money so that it can be stuffing a deluge of trivial patents down the patent office's throat, to head off all the crap coming from "Intellectual Ventures" and its many brothers. We need to be getting at least as many patents as them and making them all free under the APPP.
Some links :
en.swpat.org - The Software Patents Wiki
Patent Absurdity � How software patents broke the system
FOSS Patents U.S. patent reform movement lacks strategic leadership, fails to leverage the Internet