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On Fri, 2004-05-21 at 12:59, Brough, Tom wrote:
If I owned a patent on an algorithm to convert Celsius to Fahrenheit and visa versa, would you have to pay me royalties in order to use it in you spreadsheet ?
A patent could be nullified if there was proved to be prior art thereby nullifying the "inventive step" criteria of the patent. I'm sure I could find some prior art. /me digs out a cookbook
If the spread sheet supplier created an function CtoF for example that used the formula, under licence from me, but you preferred to use the formula directly would you be in violation (even though patent royalties where covered in the provided function) ?
I think you'd have to get a separate licence as you are implementing the 'invention'.
I suspect you would have to pay the royalties, but does anyone know the full ramifications of such ? For example could it be thrown out on Public Domain grounds even if I held a legitimate patent ?
But public domain is different. Public domain is where copyrighted and patented works go at the end of their copyright or patent. It is a place created by the legal system to put stuff where it will be of most benefit to society.
And if so could I (putting my white hat on now) be sneaky and publish a whole load of patented algorithms on the Web (thus making them public domain) and thus nullify the whole patent issue ?
It wouldn't nullify the patent issue. Putting something on the web doesn't make it public domain. There are plenty of things on the web that aren't public domain (copyleft anyone?) see http://www.patent.gov.uk/copy/indetail/copyinter.htm In fact it patents _have_ to be published. "In return for this right, the applicant must disclose how his invention works in sufficient detail." http://www.patent.gov.uk/patent/glossary/index.htm#P under the term "Patent" Copyright covers an implementation of an idea (a work) but Patents cover an invention. Even if you make your own implementation of the invention you are still liable to royalties. Unlike copyright (which is there automatically) patents have to be registered. You can find out more about patents (designs and copyright) here: http://www.patent.gov.uk
Yes I accept the last point would lead to my prosecution but then you would all help me pay the fine / visit me in jail if I did this for the common good (justice and freedom) right ?
You are perfectly fine to publish the specification of your invention. It's just that no-one else is allowed to re-implement it without paying royalties.
And most absurd question of all, if I owned the patent of something and then made it public domain myself could I be prosecuted ? I guess only if I brought a case against myself but I just don't know where the law stands !
No, making it public domain is effectively expiring the patent but IANAL (I Am Not A Lawyer)
Surely if the above could be demonstrated to the general public as an example of how stupid things could get then this would activate the public interest into doing something ..... possibly ?
The general public are not usually interested in things unless it affects them e.g. extortionate prices for patented software because no-one can afford the royalties to implement a free version. -- The Mailing List for the Devon & Cornwall LUG Mail majordomo@xxxxxxxxxxxx with "unsubscribe list" in the message body to unsubscribe.