Patent

[Catholic]

I wrote a program for a graphing calculator that can calculate the score of a high school cross country meet. A couple of other coaches would like to use it, and I would like to share, but I began to wonder whether a software company has a patent on such a thing (I know of at least one software program that does what mine does and more.) A lawyer said that it would be impractical to determine whether or not my program would infringe on a patent, since this would require searching patents and determining whether my program infringes on the specific patent claims (an exercise in legal interpretation). He suggested I use it unless and until a patent owner tells me to stop. Any comments?

 

[NewUlm1976_2000]

That sounds reasonable. People try to patent lots of crazy often obvious things. Sometimes the patent office passes them because they lack the resources to understand it at times.

The worst that would initially happen is a cease and desist letter from a lawyer. At that point you can either work through the legal system or the patent holder to determine if your software really does infringe on someone else’s patent or not.

 

[estesbob]

I wrote a program for a graphing calculator that can calculate the score of a high school cross country meet. A couple of other coaches would like to use it, and I would like to share, but I began to wonder whether a software company has a patent on such a thing (I know of at least one software program that does what mine does and more.) A lawyer said that it would be impractical to determine whether or not my program would infringe on a patent, since this would require searching patents and determining whether my program infringes on the specific patent claims (an exercise in legal interpretation). He suggested I use it unless and until a patent owner tells me to stop. Any comments?

I think your lawyer gave you good advice.

 

[iamscifimike]

Are you making any money on this? I don’t think if someone writes a program that does something and patents it, that means noone else can write a competing program. If you are stealing their code, then thats a problem. Look at the entire open source initiative.

 

[VociMike]

I agree with the lawyer. Use it until somebody with an alleged legal claim tells you otherwise.

BTW, I suspect each of us unknowingly violate numerous patents every day.

 

[BobP123]

There’s a difference between a patent and a copyright. Computer code itself usually falls into the copyright protection of a company so that no one else copies the code, though those within the same company can modify it, etc. A process is patentable, where, for example, a spreadsheet can be protected under patent laws so that no one can copy the process or functionality, regardless of whether the actual code is revealed or not.

Copyrights are usually just claimed by the author and are good for 37 years. (or is it 27 now?) Patents are only good for 17 years with no possible renewals. They must be filed through the patent office.

 

[patg]

If you didn’t copy the code and you’re not selling it, you can do whatever you want with it, including letting others use it. I would recommend adding a copyright statement in the code and somewhere in the user interface to protect yourself if someone else thinks of copying it.

 

[BobP123]

If you didn’t copy the code and you’re not selling it, you can do whatever you want with it, including letting others use it. I would recommend adding a copyright statement in the code and somewhere in the user interface to protect yourself if someone else thinks of copying it.

More often you will find words to the effect that anyone can make a copy but do so only without modifications to the original in addition to the copyright. That way the author can be protected from the liability standpoint.

 

[CuriousInIL]

If you didn’t copy the code and you’re not selling it, you can do whatever you want with it, including letting others use it. I would recommend adding a copyright statement in the code and somewhere in the user interface to protect yourself if someone else thinks of copying it.

Wrong, wrong, wrong when the possibility is patent protection.

 

[Benedictus]

If you didn’t copy the code and you’re not selling it, you can do whatever you want with it, including letting others use it.

As the previous poster mentioned, this is not correct if someone has patented the process (and the fact that he’s not selling it makes little difference in any case).

I would recommend adding a copyright statement in the code and somewhere in the user interface to protect yourself if someone else thinks of copying it.

Alternatively he can make the code freely available (perhaps using many of the free/open source software licenses out there) so that others can copy it and modify it to fit their needs. This way more people have the potential to derive a greater benefit from it.

 

[rwoehmke]

If you know of a patent it is easy enough to get a copy and determine whether you are infringing it. I expect same with a copyright. It there is a document you have a right to get one copy to determine if you are infringing. If you want to go for your own patent than you do not want to share it with anyone untll your application is on file. That would likely invalidate any patent you might apply for.

If you cannot find any patent that you are infringing it is up to the holder to police it if he has one. In any case you evidently do not intend to sell your program and there is oodles of freeware available on the web.

 

[BobP123]

I am reminded of Lotus 123 suing Borland (Quattro) for infringement of its spreadsheet concept. (Borland didn’t copy the software, they just mimicked its functionality and the judge agreed with Lotus.)

The irony, however, was that Visi-Calc was the more original developer of the spreadsheet. However, they failed to file a patent, leaving the gates wide open for Lotus to claim the patent later.

Seems like the morality doesn’t boil down to copying so much as who’s the first to get the patent.

 

[Newbie2]

I wrote a program for a graphing calculator that can calculate the score of a high school cross country meet. A couple of other coaches would like to use it, and I would like to share, but I began to wonder whether a software company has a patent on such a thing (I know of at least one software program that does what mine does and more.) A lawyer said that it would be impractical to determine whether or not my program would infringe on a patent, since this would require searching patents and determining whether my program infringes on the specific patent claims (an exercise in legal interpretation). He suggested I use it unless and until a patent owner tells me to stop. Any comments?

Go ahead and use it, if you wrote it. If you were selling it or using other “borrowed” code, that’s a different matter. If you do an internet search for such a commercial program that does the same thing and none is to be found, (Google, not a patent search) you’re on pretty solid moral ground.