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From en.swpat.org

One proposal to reduce the harm of software patents is an independent invention defence.

Note: this is only proposed in hypothetical discussions. There are no known proposals or laws that actually implement this idea.

(NEEDS CHECKING) The general idea would be that if a developer does not copy the work of a patent holder (or licensee?) then any infringement would be coincidental, or "independent", and would be permitted.

[edit] Regarding standards

This would solve some problems of access to standards, but not all.

Example #1: If a company patents an idea and builds a standard around it, you would have to look at their work if you want to be compatible, so your software would not be "independent". This defence wouldn't help you.

Example #2: If a Company-A builds a standard, and you look at that Company-A's work and write something compatible, and you then get threatened by Company-B, you (and Company-A) could use the independent invention defence.

[edit] Related pages on en.swpat.org

• Competition law defence
• Interoperability exceptions
• Prof Michael Meurer supports this idea, IIRC

[edit] External links

• We need an independent invention defense to minimize the damage of aggressive patent trolls, by venture capitalist Brad Burnham
  • Discussing this article: Well Respected VC Firm Comes Out In Favor Of Independent Invention Defense Against Patent Infringement Lawsuits, techdirt.com
• Why We Need An Independent Invention Defense, by venture capitalist Fred Wilson