RE: [Algorithms] pissing in the well [was: Collision detection patent]

[Brian B. <BBa...@sc...>]

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>>> al...@Ex... 08/16/00 01:20PM >>>
If MS doesn't patent everything it does it runs the risk of getting sued
for
using algorithms etc. which some guy may have invented earlier but never
published.

The problem is that there is no way to know if you are the 1st to invent
an algorithm, so if you come up with something that seems new you better
patent it or some other guy who discovered it 2 years ago, who sees that
MS is using this algorithm will apply for the patent it just to be able
to
sue MS for it.

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This isn't quite true as I understand it.  Even if Microsoft patents an algorithm that someone invented earlier, that person can, if he has proof, still patent the algorithm.  He could then force Microsoft to either stop using the algorithm or pay royalties.

From what I understand, patents are just formal notices.  If there is documented prior art, then the patent is null and void.  So if Microsoft or anyone else patents an algorithm that was developed earlier by someone else, they are wasting money because the patent is bogus.

I may be completely off-base here, but as far as I know this is how patents work.

Brian Bartlow