Jeff Garzik wrote:
OpenGL is an API.
It is more than just an API, it also includes the pixel pipeline
methodology. Part of it is patented and used under a free license.
This makes it even harder for a company to try to patent the method.
Its the implementation details (software and hardware) which are
patented.
Exactly my point except that I suspect that some of the driver software
in not patentable (due to prior art perhaps) and therefore is kept as a
trade secret.
Trying to claim that OpenGL is prior art that invalidates ATI/NV
patents will get you laughed out of the room by any patent lawyer.
It is prior art for the software method. It does not invalidate
any implementation (hardware) patent. However, if I use a different
implementation to do exactly the same thing, there is no patent
infringement because OpenGL is prior art.
OTOH, you apparently can patent anything. See for example:
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm&r=1&f=G&l=50&s1=6762569.WKU.&OS=PN/6762569&RS=PN/6762569
This patent is clearly invalid (prior art, not sufficiently unobvious to
any EE), but it was granted.
--
JRT
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