[TriEmbed] a little sanity may have been restored in the USA: software patents RIP

Shane Trent shanedtrent at gmail.com
Fri Oct 7 20:09:57 CDT 2016


Carl,

I believe the software patent ruling has zero impact on NDAs. Confidential
is the opposite of disclosing information publicly to get patent
protection. If you use code that is written and owned by someone else you
can still be sued. Code protected by NDA is still covered by NDA. But if
you have published code or an algorithm in a patent application it puts you
in an awkward position because by definition it has been publicly disclosed
once the application published. This is one of the reasons that Google
selects "Do Not Publish" when filing patent applications.

Shane

On Fri, Oct 7, 2016 at 6:41 PM Carl Nobile via TriEmbed <
triembed at triembed.org> wrote:

This can really throw a wrench into all NDAs that any software engineer has
ever signed in their life. This would mean that using code, originally from
a proprietary project, would not violate the purpose and concept behind the
project, making it perfectly legal to use this code elsewhere.

I have always worried about this. If I use code, from a propriety project,
some piece of code that had nothing to do with the concept behind the
project, in another project it would be completely legal.

So I guess the only thing that can be patented is the idea and flows not
the actual code.

Good deal considering I understood the document correctly.

~Carl


On Fri, Oct 7, 2016 at 6:19 PM, Pete Soper via TriEmbed <
triembed at triembed.org> wrote:

https://www.techdirt.com/articles/20161005/15280135720/prominent-pro-patent-judge-issues-opinion-declaring-all-software-patents-bad.shtml

-Pete


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