Advertisement
"Programmers have slowly come to realize that, if they don't patent their code, they may find themselves unable to legally use it after someone else patents it much later. Out of necessity, a new patent-oriented ethos has taken over..."
www.emailbattles.com/archive...ddfi_cd/
www.emailbattles.com/archive...ddfi_cd/
posted by:
|
Advertisement
Advertisement
-
Re: Law Forces Software Patenting?
Mon, July 10, 2006 - 3:57 PMI don't believe this is correct. If you build something (and have proof of the date of invention) your invention is forever prior art against future patents. They can still sue you, but their case won't have much (if any) merit. -
-
Re: Law Forces Software Patenting?
Tue, July 11, 2006 - 7:48 AMThis is correct, assuming that the invention is not kept as a trade secret. If you develop a new process for manufacturing a chemical but keep it a secret in your factory, a competitor can independently invent the process, patent it and then preclude you from using it. The only exception to this are with respect to business method patents, where the law allows prior secret use as a defense to an infringement claim.
-
