I would like to start selling my software application I made that automatically patches windows computers. However, I found another company that sells very similar software, and is patent protected. The layout is similar, and it works a little differently than each other, but in the end does the same thing. Am I going to be in trouble for selling this software that I made? I didn't see this software until I was finished with mine.
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Patented Software... How close Can I go to designing a similar app?
- Thread starter mark01
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sleipnir214
Programmer
Wouldn't you be better served asking this question of an intellectual property law attorney instead of a bunch of technogeeks?
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- #3
sleipnir214
Programmer
It's going to be pretty hard for anyone here to advise you. Other than, of course, saying, "Seek legal counsel".
First of all, it seems to me that the applicability of any patent would depend largely on exactly what the patent covers, and how that coverage applies to your software.
In any regard, are you going to run with whatever answers you get here? Or are you going to talk with a lawyer anyway?
Want the best answers? Ask the best questions!
TANSTAAFL!!
First of all, it seems to me that the applicability of any patent would depend largely on exactly what the patent covers, and how that coverage applies to your software.
In any regard, are you going to run with whatever answers you get here? Or are you going to talk with a lawyer anyway?
Want the best answers? Ask the best questions!
TANSTAAFL!!
- Thread starter
- #5
sleipnir214
Programmer
That I cannot answer. It will vary by your geographic locality, experience of the lawyer, and a lot of other factors.
Want the best answers? Ask the best questions!
TANSTAAFL!!
Want the best answers? Ask the best questions!
TANSTAAFL!!
Stella740pl
Programmer
mark01,
Are you in USA?
I cannot tell you about intellectual property law attorneys, but many lawers in different specialization give initial consultations for free and get paid only if they start actually working with you. Many would charge you for the initial consultation as for 1 hour of their time, which, depending on many factors sleipnir214 mentioned, could (usually) be in the range of $100-$500.
In any case, they don't charge anything for the call to the office to ask about the prices (if they do, beware of scam). So pick up Yellow Pages or local newspaper, or search the Internet, and select a few in your area. Give them a call and find out. You can also try to check their reputation while on line.
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- #8
Stella740pl
Programmer
Look for intellectual property lawyers, patent lawyers, copyright lawyers. See if software is mentioned somewhere among their strengths; if not, ask when you call if they have experience with software questions.
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- #10
as sleipneir214 said, it depends on what the pattent covers. i know of a couple sets of software that do that(deploy windows patches auto). alot of the patent depends on the method used for it. you can bake a cake several different ways but you will still end up with a cake in the end.
the only way will be to talk to someone specalizing in patents have them look at the patent and then have them look at yours.
the only way will be to talk to someone specalizing in patents have them look at the patent and then have them look at yours.
Find out the Patent number that they have used. Then go to the patent office and look at the patent involved.
Chances are it'll be so badly wriiten it'll confuse the crap out of you, but it's worth a try.
Stu..
Only the truly stupid believe they know everything.
Stu.. 2004
Chances are it'll be so badly wriiten it'll confuse the crap out of you, but it's worth a try.
Stu..
Only the truly stupid believe they know everything.
Stu.. 2004
Another thing that you can do is check with a law school at one of the local universities to see if there are programs to have students work on your situation. Often there are laws in place that will allow them to do so under supervision of a professor, depending on whether you and your situation meet various requirements.
HTH
Bob
HTH
Bob
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