And that is what makes software patents so frustrating. How do I, as a
programmer, know if some code sequence that I just wrote from my own
head, violates a patent? From what I have been told, it is impossible to
know because only a patent attorney is qualified to make that call. And
if I look at what is patented and come to the conclusion that I don't
violate a patent, but I actually do, then I face a much greater
liability for infringing the patent than I would if I didn't even bother
to look.
This is a dilemma. As all software developers know, timeliness of a
release of a product is often very important. Even as a layman reading
the patent claims (which are usualy hard reading), it could take you
months to decide, in your untrained layman's way, that you are not in
infringement. If you ask a professional's opinion, like a patent
attorney, it could take MANY months. All this time your software is
sitting getting stale and maybe missing important market dates (liike
compatibility with a new z/OS).
You are probably better off releasing the software, hoping in your heart
that you are not violating someone's patent, and face the consequences
later.
I am told it is better if you DON"T look for infringements, so you can
claim unwillful infringement if you are sued.
--
Bruce A. Black
Senior Software Developer for FDR
Innovation Data Processing 973-890-7300
personal: [EMAIL PROTECTED]
sales info: [EMAIL PROTECTED]
tech support: [EMAIL PROTECTED]
web: www.innovationdp.fdr.com
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