You clearly don't know what you are talking about because you combine different things which don't go together;
rinso wrote:This is not true.Jugglesfire wrote:Your software might contain techniques that are already patented. In that case there is no protection.and we want to protect ourselves from being sued by some other company making similar product now or in future.
If your software contains techniques that are already patented, the patent holder can claim from you. You cannot protect against that other than taking a licence.
1st, If a product contains portions which are patented that does not stop other portions of the product from being patented. Most products are covered by numerous patents. Those same products may also infringe other patents. Here you are combining a patentability view of a product with an infringement/non-infringement view of a product... can't do that.
Also, there are plenty of things you can do besides taking a license.
If you used open (= existing) techniques, you cannot patent them.This is not true.(if at all suing is applicable,if software is mere implementation of open specifications..)
If your software is based on open techniques, a patent is not possible. If it contains pieces of open source software, your product should also be open source. (although your copyright still exists)
2nd, If you use known techniques to come up with an inventive solution, there is often patent eligible subject matter. This is particularly true in pharmaceuticals, telecommunications and software. Some technology is "platform" technology which enables certain applications to be created. While you can't patent what someone else has already done, both the platform and the application can be separately patentable at separate times by separate people. However, you may run in to a case where you must license the platform technology in order to create the application. Regardless, the application can be patentable. Here you are combining licensing issues with patentability issues (which several posts have done)... can't do that.
3rd, Maybe the patent can be fought and maybe it can't. Different countries have different statutes about what qualifies as prior art. Furthermore, different types of prior art can be used at different times in the "fighting" process while others can not. Prior use is only applicable prior art in certain contexts. Published patent applications (even those which never became a patent, nor were intended to become a patent) are always applicable prior art. Therefore, if you are concerned about a competitor patenting something and suing you, just publishing or using your own work is not "enough". What you should probably do is file a patent application, let it publish and then let the application go abandoned. Either way, if you are in that environment you should be working with an intellectual property professional. You should also probably have some type of litigation insurance. Either way... here you are combining a lack of knowledge on what qualifies as prior art, litigation issues, reexamination issues, opposition issues and patent prosecution issues... can't do that.In that case, the patent could be fought. If it is based on "prior knowledge" the patent should not have been awarded.However, the other person who stole your idea and got the patent will be able to collect royalties from all of your competitors around the world, and you in many countries around the world outside of Finland.Or do we register our software product somewhere?
Putting your software in the market is often enough to show when the product was "ready".
(make sure you can prove this date and the version)
Although I admit it could be costly, especially if you try to fight a company with deep pockets.
Why do people on here continue to offer advice and opinions on a topic they clearly are not well informed about?
). What qualifications do you have?