How would a software patent matter?

Toggle sidebar Toggle sidebar
Status
Not open for further replies.
N

nexusN

Member
Aug 2, 2011
49
0
0
Hi there,

Currently I have been coming up with some innovative(from my point of view :D) ideas, the problem is actually after I have developed it and did a few search on the web, some are already there to have a patent.

So can I actually produce the software/apps with my idea still?
Would it be illegal to build it and distribute it for free, even I do not intend to sell nor turn it into a business?:\
 
N

nexusN

Member
Aug 2, 2011
49
0
0
SampSon said:
If you're serious about this, you need to hire a patent lawyer.
Click to expand...

Not really, I am just thinking of some ideas with interest,
currently no plan for making money from my ideas.

The story is, I have thought of a funny idea, thinking of turning it to an app but very soon I found someone has already made it and patented it.
If I were to make it, I will just make it available for free.
But now what? Delivering will be illegal? Not being familiar with the troublesome patents, confusing me a lot.

Or I should simply ask......in what way I risk violating the patent law?
 
Last edited:
N

nanette1985

Diamond Member
Oct 12, 2005
4,209
2
0
Here's how the patent law works: all it does is gives you the right to sue someone who violates your patent. Nothing else. Since you don't have a patent, you don't have to worry about suing.

It is the other party's responsibility to sue YOU if they feel you have violated their patent. Protecting a patent is expensive, tricky, and there are no guarantees that they'll win. Maybe you'll get lucky and they won't go through the bother. If they don't take you to court, they lose their protection on that patent.

Usually, getting a patent is the easy part.

IANAL but I do have a bunch of patents. And a good patent attorney in my particular field - this is the important part. A good lawyer knows how to write a patent so that it'll win if it goes to court. The patent biz is weird.

To answer your question, no it is not illegal to build and distribute your idea. It only becomes a problem if the patent holder makes a big deal out of it. Here's a discussion on the subject

http://www.patentexpress.com/free-legal-advice/private-use-software-patent-infringement_298966.html

From there, patent infringement is not a crime. You don't go to jail (except for perhaps contempt of court if you violate an injunction). You only pay money. And the amount of money is a reasonable royalty -- or maybe triple that.

Not 100 per cent accurate, but it gives you the idea. Of course, there's still the expense of your legal defense.

The field of software protection (patents etc) is fascinating. There are many people who argue that you cannot patent software. Also, there are several ways to protect your software. You can patent it - that is, patent the process, patent what the software does. You can copyright the code - which can be better protection, because patents have to be disclosed. You can also copyright the "look and feel" of your program. Copyright is easy and quick - all you do is put the c in a circle on your stuff. Patents take years. Copyrights have to be defended just like patents. It just gives you the right to sue somebody. You also have things like trade secret protection.

Best.
 
Last edited:
N

nexusN

Member
Aug 2, 2011
49
0
0
nanette1985 said:
Here's how the patent law works: all it does is gives you the right to sue someone who violates your patent. Nothing else. Since you don't have a patent, you don't have to worry about suing.

It is the other party's responsibility to sue YOU if they feel you have violated their patent. Protecting a patent is expensive, tricky, and there are no guarantees that they'll win. Maybe you'll get lucky and they won't go through the bother. If they don't take you to court, they lose their protection on that patent.

Usually, getting a patent is the easy part.

IANAL but I do have a bunch of patents. And a good patent attorney in my particular field - this is the important part. A good lawyer knows how to write a patent so that it'll win if it goes to court. The patent biz is weird.

To answer your question, no it is not illegal to build and distribute your idea. It only becomes a problem if the patent holder makes a big deal out of it. Here's a discussion on the subject

http://www.patentexpress.com/free-legal-advice/private-use-software-patent-infringement_298966.html

From there, patent infringement is not a crime. You don't go to jail (except for perhaps contempt of court if you violate an injunction). You only pay money. And the amount of money is a reasonable royalty -- or maybe triple that.

Not 100 per cent accurate, but it gives you the idea. Of course, there's still the expense of your legal defense.

The field of software protection (patents etc) is fascinating. There are many people who argue that you cannot patent software. Also, there are several ways to protect your software. You can patent it - that is, patent the process, patent what the software does. You can copyright the code - which can be better protection, because patents have to be disclosed. You can also copyright the "look and feel" of your program. Copyright is easy and quick - all you do is put the c in a circle on your stuff. Patents take years. Copyrights have to be defended just like patents. It just gives you the right to sue somebody. You also have things like trade secret protection.

Best.
Click to expand...

Thank you so much for your detailed explanation and sharing,
at the moment I do not have the idea of commercializing, all my concern is if my sharing of new idea for free will actually put myself in a jail or any sorts of trouble.
From you message and if I am not wrong, an open idea sharing or even distribution of the freeware built is not criminal, this is good, while the quoted
"patent infringement" is the most concerned part for me.

Reading from Wiki,
"In many countries, an use is required to be commercial (or to have a commercial purpose) to constitute patent infringement."
If this is true, my free sharing looks safe, but no law is absolute or better to say it is the case by case, and I still risk the pain from legal defenses. I am not sure if I should avoid or stop doing such sharing.

Here is my blog that started it all:
http://ncentroid.blogspot.com/2011/11/intuitive-typing.html

Do I still have the right to implement and share my OWN idea with the public?
I tried to understand the ways it goes, like Microsoft Office vs Open Office. Microsoft office developed many functions and later I can see some of them being put on Open Office, no idea how the way they are implemented by doing the similar things.
It just looks no patent violation is involved, so is my case actually same, and my worries are just not necessary?
Thank you for your kind attention.
 
Last edited:
zinfamous

zinfamous

No Lifer
Jul 12, 2006
111,695
31,043
146
yeah, you need to do this kind of research before you launch such a project.

lesson learned.
 
N

nexusN

Member
Aug 2, 2011
49
0
0
zinfamous said:
yeah, you need to do this kind of research before you launch such a project.

lesson learned.
Click to expand...

This is non-sense,
how do I know an idea has already been proposed before actually I have it come up in mind?

Or from your words, the idea is one should search for solution, asking from the others when he faces a question, instead of trying to solve it on his own.
Is it really what we wish to have?
 
Last edited:
zinfamous

zinfamous

No Lifer
Jul 12, 2006
111,695
31,043
146
nexusN said:
This is non-sense,
how do I know an idea has already been proposed before actually I have it come up in mind?

Or from your words, the idea is one should search for solution, asking from the others when he faces a question, instead of trying to solve it on his own.
Is it really what we wish to have?
Click to expand...

eh, how did you find out that it was patented? You..searched for it? I don't know.

point being--if you have a great idea, then you need to make sure that IP doesn't exist before you waste time and money on creating something that is DOA.


Though with the way patents are set up, you can get by with just about anything. If it departs enough from an existing product, then you might be able to swing it, I don't know.

My point is simply that spending all this time infringing on something that already existed is a waste of your investment (money/time). You can actually register "ideas" before you begin just about anything, to give yourself a little bit of production during development.
 
N

nexusN

Member
Aug 2, 2011
49
0
0
zinfamous said:
eh, how did you find out that it was patented? You..searched for it? I don't know.

point being--if you have a great idea, then you need to make sure that IP doesn't exist before you waste time and money on creating something that is DOA.


Though with the way patents are set up, you can get by with just about anything. If it departs enough from an existing product, then you might be able to swing it, I don't know.

My point is simply that spending all this time infringing on something that already existed is a waste of your investment (money/time). You can actually register "ideas" before you begin just about anything, to give yourself a little bit of production during development.
Click to expand...

For that video, on the demo I can see at the bottom a patent pending and its No.
I didn't mean to be offensive to those who shared this same idea, never to blame them for patenting in front of me(they do have the honor as they invent the earlier), while if it is because their patent that my sharing is then not allowed, that's a matter for me.

And thank you for you kind advice,
sure for business purpose going on a project that has no value is irrational, but my intention has not changed, to share ideas with the public, and if possible, implement on my own or invite someone who is available with necessary skills to make it real.

All your mentioned are no doubt necessary for any business actions, but actually do they apply to freeware?
If I build my own freeware with the same function at all based on my own idea and distribute it for free as an apps for Android/Apple tablets, potentially the co-creators will have their business regarding the concerning idea affected.......do I actually bear any responsibilities, and is this prohibited? Kind of tired with these patent unknowns.....
 
Last edited:
D1gger

D1gger

Diamond Member
Oct 3, 2004
5,411
2
76
I agree. Patent law needs a dramatic re-write.

Being able to patent "One Click Shopping" as Amazon has done is nuts.

Copy-write I can understand, as the copy-write holder has to prove you have actually re-used his code, but to patent a software idea seems too vague to me.
 
Last edited:
K

Krioni

Golden Member
Feb 4, 2000
1,371
0
71
Having been through an IP (intellectual property) lawsuit before I can tell you it's tricky.

We were on the receiving end... being accused of violating a companies IP.

During the mess, the focus was more on the *expression* of an idea. For example, nobody could really sue you for IP violation for an email program. However, if you copied the expression to be nearly identical to MS Outlook, then you could be on shaky ground.

I know that's overly simplistic, but that was the basic jest of the suit.

/That's all I can say about it. :)
 
Status
Not open for further replies.

TRENDING THREADS

COMPANY
RESOURCES
FOLLOW
Top Bottom