Questions tagged [patents]

Patents provide intellectual property protection for algorithms and business processes. Many questions about patents are beyond the ability of a programmer to properly answer and are off-topic for the site. AskPatents.SE should be considered after reviewing their site guidelines.

A patent is a government granted monopoly for a particular, non-obvious method, design, or algorithm and is granted for a period of time. The specifics of the patents vary from country to country. What is patentable, especially within the realm of software, is often a matter of contentious debate and varies by jurisdiction.

Patents are the third part of intellectual property protection (the others being copyright and trademark) which protects a particular design in exchange for publishing how it is done (as opposed to keeping it a trade secret).

An example demonstrating the distinctions between the three parts of IP law:

  • The 'how to play' of board and card games may be protected by a patent such as with Magic the Gathering: (5,662,332)
  • The game's artwork is protected by copyright
  • The game's name is protected by trademark

Likewise with a software program, the algorithm may be protected by a patent (LZW: 4,464,650), the specific implementation is protected by copyright, and the name of the project may be protected by trademark.

Patents may also be used to refer to a design patent which protects the ornamental (non-functional) design of a product to prevent copy-cat designs that may confuse the consumer about the creator of a product. Examples of design patents include Coca-cola bottle (D48,160) and the Apple electronic device (D593,087).

In most cases, the specifics of the patent process are beyond the familiarity of programmers and should be looked at by people trained in intellectual property law.

See also:

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How to protect yourself from being sued by patents?

I've had a few software ideas before that could probably be patented.(decided not to pursue any of them, however). Basically, I don't want these ideas patented though. I don't care if someone else implements them, I just don't want to get sued later…
Earlz
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GPLing an implementation of a patented algorithm

TL;DR: Can you publicly release your own implementation of a patented algorithm as a free research tool for others, under the GPL, when you do not hold the patent (but will happily give clear and thorough attribution to the owners of the patent)?…
John H
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Who is responsible for doing a patent search?

If a client requests that a particular feature is added into their website software, who is responsible for searching and recognising that a patent royalty has to paid? client web developer This question is aimed at freelance web developers. When…
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How much attention should be paid to patents when developing software?

Let's say I want to develop an image editing program similar to Photoshop. Is it likely that certain interface patterns and approaches are patented and I can get sued if I use them in my program as well? Do I need to take active care to avoid doing…
Overv
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The Apache License, v2.0: Copyright License vs Patent License

The Apache License, v2.0 [..] 2. Grant of Copyright License Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to…
user278064
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License on papers published at universities?

I've done some searching around on how to interpret morse code inputted by a human. I haven't found any existing libraries or applications that do this, but I found some academic papers on how it can be done. Before embarking on the journey of…
ErikPerik
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US Software Patents

Hypothetical: I’m based in the UK. I’ve developed an application only to discover after it has gone live, that someone else has filed a US Patent application for similar software. I don’t know if the patent will actually be granted, since the…
user898617
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Why is (Ogg) Vorbis not automatically supported by Windows?

Vorbis was never threatened by MPEG LA, so it is undoubtedly completely patent free. (MPEG LA never misses a chance to spread patent FUD) Windows supports mp3, so it isn’t because they want to push their crappy wma. The GPL allows distribution…
flying sheep
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Is it fair to patent workarounds?

While developing a FAT32 driver for my bootloader, I thought to make it complete by adding the long file name support. While watching around for some specification, and I also found articles about Microsoft suing for infringement of their patents…
EnryFan
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Patent in Europe

I'd like to build and sell/or free a software based on ffmpeg and some other mp3 library lgpl, So I know in U.s.a. there's a patent and royalty problem, But if I live in Europe I'd like to know if I can create software with mp3 encoder/decoder and…
user17564
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May I relicense my project from GPLv3 to Apache 2.0?

I am about to publish an Android app project I would like to do it using GPLv3 license to avoid it being used in proprietary projects for now. If I change my mind in the future, since I am the project owner, may I later relicense it to Apache 2.0?
JP Ventura
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Making money from a custom built interpreter?

I have been making considerable progress lately on building an interpreter. I am building it from NASM assembly code (for the core engine) and C (cl.exe the Microsoft compiler for the parser). I really don't have a lot of time but I have a lot of…
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Are Datasets Patentable

I'm working on a project that uses a dataset produced from software informally licensed as "non-commercial use only". I'm developing an application that uses that dataset as an input to another algorithm. Our own software has a permissive free…
Rich
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Will I have to remove an apache 2 open-source project from the internet and stop using it if someone patents the concepts within the code?

The Apache 2 open-source license allows patents, does this mean it could be possible that an apache 2 open-source project would have to be removed if a company demonstrates it has a patent based on or using the project?
newlogic
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