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I was under the impression that patents aren’t enforceable on open source projects. I assume I am wrong?

by shoggouth 2y ago

colejohnson66 2y ago
Yes. Just because something is open source doesn't mean it's unbound by IP laws.
- ndriscoll 2y ago
  It's not whether "IP" laws apply; it's whether source code itself is in scope for patents. Source code is a description of an algorithm, which in principle is what the software patent is supposed to be providing anyway. Patents shouldn't be relevant here for the same reason they aren't relevant to what you write in e.g. a textbook on signal processing where you might find an exact description of how Shazam works. Compiling and running that source code on your computer/as part of a wider system may violate a patent, but my impression was that patents are not relevant to the actual code. Are there test cases in the US around pure source distribution of a patented algorithm? Particularly post-Alice?
  - concerndc1tizen 2y ago
    I wonder if the massive amount of open source software can now be used as elaborate 'prior art' in a way that basically invalidates any software patent that is awarded after the source had been made available? I.e. if any algorithm was already implemented, in some variation, then the patent is not valid? For example, for the infamous Amazon 'one click purchase', if a similar pattern was used, maybe a 'one click start vacuum cleaner robot', would it that patent then be invalid?
    - rvnx 2y ago
      Depends how much money you have. For example, Tesla just patented the Robotaxi one year ago, despite having open-source solutions like Apollo Self-Driving platform. Patents are really an obsolete system that favors the super-rich and the lawyers.
      - HPsquared 2y ago
        I'd be surprised if they patented the general concept of a robotaxi. Almost certainly, it'd be one specific type they they could say they invented.
lights0123 2y ago
Patents are enforceable in the US for even personal use without distribution.

I was under the impression that patents aren’t enforceable on open source projects. I assume I am wrong?

colejohnson66 2y ago

Yes. Just because something is open source doesn't mean it's unbound by IP laws.

ndriscoll 2y ago
It's not whether "IP" laws apply; it's whether source code itself is in scope for patents. Source code is a description of an algorithm, which in principle is what the software patent is supposed to be providing anyway. Patents shouldn't be relevant here for the same reason they aren't relevant to what you write in e.g. a textbook on signal processing where you might find an exact description of how Shazam works. Compiling and running that source code on your computer/as part of a wider system may violate a patent, but my impression was that patents are not relevant to the actual code. Are there test cases in the US around pure source distribution of a patented algorithm? Particularly post-Alice?
- concerndc1tizen 2y ago
  I wonder if the massive amount of open source software can now be used as elaborate 'prior art' in a way that basically invalidates any software patent that is awarded after the source had been made available? I.e. if any algorithm was already implemented, in some variation, then the patent is not valid? For example, for the infamous Amazon 'one click purchase', if a similar pattern was used, maybe a 'one click start vacuum cleaner robot', would it that patent then be invalid?
  - rvnx 2y ago
    Depends how much money you have. For example, Tesla just patented the Robotaxi one year ago, despite having open-source solutions like Apollo Self-Driving platform. Patents are really an obsolete system that favors the super-rich and the lawyers.
    - HPsquared 2y ago
      I'd be surprised if they patented the general concept of a robotaxi. Almost certainly, it'd be one specific type they they could say they invented.

lights0123 2y ago

Patents are enforceable in the US for even personal use without distribution.