Re: How can we submit code patches that implement our (pending) patents?

From: Andres Freund <andres(at)anarazel(dot)de>
To: Chapman Flack <chap(at)anastigmatix(dot)net>
Cc: Nico Williams <nico(at)cryptonector(dot)com>, Tom Lane <tgl(at)sss(dot)pgh(dot)pa(dot)us>, Chris Travers <chris(dot)travers(at)adjust(dot)com>, pgsql-hackers(at)lists(dot)postgresql(dot)org
Subject: Re: How can we submit code patches that implement our (pending) patents?
Date: 2018-07-27 17:42:00
Message-ID: 20180727174200.kpzhydqugw6roeph@alap3.anarazel.de
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On 2018-07-27 13:33:28 -0400, Chapman Flack wrote:
> On 07/27/2018 01:01 PM, Andres Freund wrote:
>
> > the patch and people doing so can reasonably be expected to know about
> > the patents, making further contributions by them worse.
>
> I'm not sure this line of thinking, which seems rooted in notions of
> tainted or cleanroom development from the copyright world, has the
> same force wrt patents.

Yes, violations made with knowledge triples damages in the US.

> Sometimes a good understanding of a patented technique, including
> just what aspects of it are claimed or not in the patent's claims
> section, will be just what you need in order to be confident that
> an alternative approach you've devised really is different in the
> ways that matter. I don't think it automatically casts a cloud on
> the work as it would in the copyright case.

There's no way we can do that without extensive lawyerly input in each
case.

Greetings,

Andres Freund

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