Subject: Re: [boost] Conflict with patent
Date: 2010-07-20 16:19:28
Mathias Gaunard wrote:
> Patents become invalid if you can demonstrate prior art.
> I wouldn't worry too much about it in this case.
Patent invalidation is a very difficult thing to do, and not a good way to build a defense. Attempting to invalidate a patent can bankrupt you with legal fees, and finding prior art that legally works can be tricky. Also remember that to invalidate a patent, you will have to convince a jury -- a jury of people who likely have no technical knowledge -- that your algorithm does not infringe on a patent, and that's very difficult. You'll have to go through every claim in the patent, and every dependent claim, and make sure that the prior art either eliminates those claims, or that you are not infringing on that claim.
Certainly having prior art is good, but I'm just saying it's important to be aware of the legal system, and that even though you have what probably is prior art, and are probably right, attempting to invalidate a patent can lead you down a very difficult road. It's unfortunate that the system works this way.