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(Other people patenting around your work: {{also|Patenting around what will become essential}})
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==Other people patenting your work==
 
==Other people patenting your work==
  
Video player project x264 learned in November 2010 that someone had been reading the software source code they published and had applied for a patent on an algorithm which was used in the x264 project.<ref>http://x264dev.multimedia.cx/archives/589</ref>
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Video player project x264 learned in November 2010 that someone ([[Tandberg Telecom AS|Tandberg]]) had been reading x264's software source code and had applied for a patent on an algorithm which was used in the x264 project.<ref>http://x264dev.multimedia.cx/archives/589</ref>
  
 
==Other people patenting ''around'' your work==
 
==Other people patenting ''around'' your work==
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{{also|Patenting around what will become essential}}
  
 
For example, in 2004, a paper was published on "''Precise detection of memory leaks''".<ref>http://camanis.blogspot.com/2009/08/someone-wants-to-patent-three-year-old.html</ref>  In 2007, a patent application was filed at the [[USPTO]] for a follow-on invention.<ref>http://appft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220080294853%22.PGNR.&OS=DN/20080294853&RS=DN/20080294853</ref>  The 2007 application cited the 2004 paper as being part of the state-of-the-art which is extended by the patent application.  The authors of the 2004 paper have no connection to the authors of the 2007 patent application.  Ironically, one of the authors of the 2004 paper is a prominent member of anti-swpat group [[FFII]].
 
For example, in 2004, a paper was published on "''Precise detection of memory leaks''".<ref>http://camanis.blogspot.com/2009/08/someone-wants-to-patent-three-year-old.html</ref>  In 2007, a patent application was filed at the [[USPTO]] for a follow-on invention.<ref>http://appft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220080294853%22.PGNR.&OS=DN/20080294853&RS=DN/20080294853</ref>  The 2007 application cited the 2004 paper as being part of the state-of-the-art which is extended by the patent application.  The authors of the 2004 paper have no connection to the authors of the 2007 patent application.  Ironically, one of the authors of the 2004 paper is a prominent member of anti-swpat group [[FFII]].
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* [[Prior-art database]]
 
* [[Prior-art database]]
 
* [[Freedom of expression]]
 
* [[Freedom of expression]]
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* [[Patenting around what will become essential]]
  
 
==External links==
 
==External links==

Revision as of 04:04, 11 July 2012

When companies can patent software ideas, publishing information is made dangerous because it highlights a domain where research is being done and thus where patent litigation might become profitable.

Other people patenting your work

Video player project x264 learned in November 2010 that someone (Tandberg) had been reading x264's software source code and had applied for a patent on an algorithm which was used in the x264 project.[1]

Other people patenting around your work

See also: Patenting around what will become essential

For example, in 2004, a paper was published on "Precise detection of memory leaks".[2] In 2007, a patent application was filed at the USPTO for a follow-on invention.[3] The 2007 application cited the 2004 paper as being part of the state-of-the-art which is extended by the patent application. The authors of the 2004 paper have no connection to the authors of the 2007 patent application. Ironically, one of the authors of the 2004 paper is a prominent member of anti-swpat group FFII.

This can of course be legal, but being legal doesn't make it good.

Why patenting your ideas won't protect you

Take for example, a software developer and a patent troll. Let's say the software developer publishes some innovative software and he patents it. Then a patent troll looks at the software and files patents on related ideas. Our software developer continues to improve her software and unknowingly infringes a patent held by the patent troll.

Both parties have patents on the software, but the patent troll has a clear advantage. The software developer needs access to the patent troll's patents if she wants to continue distributing her software. The patent troll has no need for the software developers patents. The patent troll can continue his business (suing people) and the software developer's patent will not stop him in any way.

Related pages on ESP Wiki

External links

References