en.swpat.org is a wiki.   You can edit it.   May contain statements End Software Patents does not endorse.

November 2014: About Microsoft’s patent licence for .NET core

SitemapCountriesWhy abolish?Law proposalsStudiesCase lawPatent office case lawLawsuits


Independent invention defence

From en.swpat.org
Jump to: navigation, search

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

[edit] External links


This wiki is part of the End Software Patents (ESP) campaign (donate). For more information, see:
>> endsoftwarepatents.org (Main ESP website) <<
>> endsoftwarepatents.org/news (News) <<

This wiki is publicly editable. (See: en.swpat.org:About) It's a pool of information, not a statement of ESP's views or policies, so no permission is required. Add your knowledge! (See: Help:How to make a good contribution)