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Patents, in general

Started by TelePlay, December 26, 2016, 04:07:32 PM

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TelePlay

Anyone out there up to speed on patents as in when they expire and what that means for individually licensed software.

If the software's patent is not extended and the patent office says "CONTINUED USE NOT FILED WITHIN GRACE PERIOD, UN-REVIVABLE" - does that make the software free use, can be shared?

The company that wrote and sold the licensed software is no longer in business. The patent date was August 1996. The domain name is no longer registered or attached to any entity.

Any help would be appreciated.

unbeldi

A patent only protects the method or algorithm used in software.  When the patent expires, this method may be used by others, but that does not mean the software itself, i.e. the manifestation of the method is freeware or shareware.  Creators of software still have copyright protection, similar to a book or any other piece of creative expression.  Technically the copyright does not expire with the life of the holder, as it passes to the heirs or acquirers of the business.  But when no one is available to defend the right then there will be no consequence of any breaches.

For specific cases, it would be best to consult an IP lawyer.

Jack Ryan

Quote from: unbeldi on December 26, 2016, 04:57:30 PM
A patent only protects the method or algorithm used in software.  When the patent expires, this method may be used by others, but that does not mean the software itself, i.e. the manifestation of the method is freeware or shareware.  Creators of software still have copyright protection, similar to a book or any other piece of creative expression.  Technically the copyright does not expire with the life of the holder, as it passes to the heirs or acquirers of the business.  But when no one is available to defend the right then there will be no consequence of any breaches.

For specific cases, it would be best to consult an IP lawyer.

I agree. Software applications are not protected by patents, they are protected by copyright. Patents protect methods/algorithms.

Are you wanting to boot your ESS exchange?

Regards
Jack