Getting around a software patent

[sunama]

Hi,

I have an idea of making a computer program/software. However, I wish to ask a questions regarding patents.

I won't go into detail of what the program can do, however, I will use an example.


Lets say someone patents a piece of software that performs 2 functions:
function 1; and
function 2.

Now lets say that I come along, write out a piece of software that performs function1 and function2. And I make this software available for free download, worldwide.

What can the patent holder, legally do to me?
At what point can the patent holder legally, take me to the cleaners?
What if I charged money for users to download this software?

Is there any way around this problem, eg. what if I add a new function, function3, to the software...what then?


I'm based in the UK, however, I would eventually want to distribute this program, worldwide.

[Zigner]

Originally Posted by sunama

Hi,

I have an idea of making a computer program/software. However, I wish to ask a questions regarding patents.

I won't go into detail of what the program can do, however, I will use an example.


Lets say someone patents a piece of software that performs 2 functions:
function 1; and
function 2.

Now lets say that I come along, write out a piece of software that performs function1 and function2. And I make this software available for free download, worldwide.

What can the patent holder, legally do to me?
At what point can the patent holder legally, take me to the cleaners?
What if I charged money for users to download this software?

Is there any way around this problem, eg. what if I add a new function, function3, to the software...what then?


I'm based in the UK, however, I would eventually want to distribute this program, worldwide.

US LAW Only!

[sunama]

Originally Posted by Zigner

US LAW Only!

Surely though, if I intend to distribute this program in the USA, then this forum can help?

The actual place of where I am based is irrelevant - I could develop software in Britain, say, and then market it only in the USA. In which case, this would now be an issue to be sorted out by US law courts. Correct?

[Zigner]

Originally Posted by sunama

Surely though, if I intend to distribute this program in the USA, then this forum can help?

The actual place of where I am based is irrelevant - I could develop software in Britain, say, and then market it only in the USA. In which case, this would now be an issue to be sorted out by US law courts. Correct?

Let us know when you do that...for now -

US LAW ONLY!

[FlyingRon]

If you were a US entity in the US, you can't use the process covered by the patent. There's no dodge for it (other than a few educational / experimentation efforts). The company whose patent it is can take you to court and demand anything from you ceasing to use the patent to you paying them damages for your infringement.

[sunama]

Originally Posted by Zigner

Let us know when you do that...for now -

Heheh. By then it would be too late surely?

Almost like me asking on this forum if I would get sent to prison for killing someone and you replying, "let us know after you have done it".

Originally Posted by FlyingRon

If you were a US entity in the US, you can't use the process covered by the patent.

I noticed you stated that it is the process that is patented and not the final output.

So, if:
program1 takes input1 and gives output1. program1 is patented.
program2, released at a later date, takes input1 and gives output1 (as well), however, uses a different process/algorithm.

Could the patent holders of program1 sue me, bearing in mind that although the final output was identical, but the process used by the 2 programs is actually different?

Originally Posted by FlyingRon

There's no dodge for it (other than a few educational / experimentation efforts).

Interesting.

So, I read up the concept of a patent and think I'd like to try making a program using exactly the same concept, for educational purposes. The final program goes on the net for anyone to download, for free.

Could I get sued, bearing in mind, the production of the program was done in the name of education?

[Zigner]

Originally Posted by sunama

Could I get sued...?

In the US, yes. You can be sued by anybody at any time for any reason.

Easy-Peasy!

[sunama]

Originally Posted by Zigner

In the US, yes. You can be sued by anybody at any time for any reason.

Easy-Peasy!

Ok, let me rephrase:

Could I get sued for good reason, with a good chance of the Courts finding against me.

[The Occultist]

If anybody wants to sue you, since you are based in UK they would need to sue you in UK using UK's legal system/laws. That means: we cannot help you because we do not know UK's laws.