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Ask HN: If you develop a codec in a cleanroom is it still encumbered by patents?
Hey all! Eating lunch something crossed my mind:
If you develop a new awesome video codec in a cleanroom (provable you didn't contact the outside world) and it overlapped with e.g. H.264 in some way would you still be in legal trouble using it due to their patents on it?
- detaro 11y agoYes. Patents don't care if you knew about them or not.
- AnimalMuppet 11y agoCopyrights no (that's what cleanroom gets you), patents yes.
- danielvf 11y agoIndependent invention at a later date is no defense against a patent. So, you are still in trouble. Independent invention is a defense against a copyright though.
- bwoj 11y agoNope you're still liable for infringement. It does help you avoid the treble damages for "willful infringement."