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SubjectRe: Tux 2 patents
On Fri, 06 Oct 2000 21:18:08 +0200, Daniel Phillips wrote:

>jesse wrote:
>> IANAL, but I believe that once you've implemented a method in a released
>> product, you have only one year to file the patents for it. If you don't
>> file patents for it within this time period, it becomes public domain. I
>> think it would be possible to invalidate their patents, but I don't think
>> it would be possible to get your own patent on it after the fact and refuse
>> to let them use it.
>
>Ah, but there is plenty patentable in the current phase tree design,
>implemented in Tux2 since early last year. Have you ever seen a
>three-root atomic commit before? So if you're right then there is still
>time. On the other hand, I've heard that as soon as I disclose it
>publicly it's not patentable.

This my belief too - we looked into patenting a while back, and in general
you cannot patent something that is already public knowledge. Ie. if you
have already published information, one way or another, no patenting.
This certainly applies to hardware (of any kind) - whether the same
rule is applied to software - no idea - but it seems probable.
Also, our information originates at the EPO - the US regulations/laws
might be different.



regards,
Per Jessen, Principal Engineer, ENIDAN Technologies
http://www.enitek.com - home of the J1 serial console



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