Date: Mon, 11 Jun 2001 16:12:11 -0700 From: Mike Smith <msmith@freebsd.org> To: Mikulas Patocka <mikulas@artax.karlin.mff.cuni.cz> Cc: hackers@freebsd.org Subject: Re: Patented algorithm in FreeBSD Message-ID: <200106112312.f5BNCBP04289@mass.dis.org> In-Reply-To: Your message of "Tue, 12 Jun 2001 00:53:33 %2B0200." <Pine.LNX.3.96.1010612004932.15006D-100000@artax.karlin.mff.cuni.cz>
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> > So it looks like we have prior art by around 6 years, which would
> > invalidate the patent iff it was the same thing.
>
> Does it mean that the algorithm is free to use by everyone or free to use
> only in freebsd? I would like to implemet these page table back pointers
> too and I'm scared by the patent... I don't know how US patent system
> works.
The existence of prior art invalidates the patent entirely, not just in
the case of prior art.
If that wasn't the case, it would be possible to patent an existing
technique and prevent anyone new from starting to use it, which would be
even more absurd than the current situation.
So, you are very safe in using this technique, for a variety of reasons:
- The patent is almost certainly invalid, and proving this in court
would be straightforward.
- Compaq (owner of the Digital patents now) is not in the business of
patent litigation, nor do they typically sell their patents to other
companies that are, so the chances of you being forced to defend your
use of a similar algorithm in court in the first place are very small.
The usual disclaimers (eg. I am Not a Lawyer) apply, of course.
Good luck with your project!
--
... every activity meets with opposition, everyone who acts has his
rivals and unfortunately opponents also. But not because people want
to be opponents, rather because the tasks and relationships force
people to take different points of view. [Dr. Fritz Todt]
V I C T O R Y N O T V E N G E A N C E
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