Getting around a software patent

[sunama]

My jurisdiction is: London, UK

Hi,

I have an idea of making a computer program/software. However, I wish to ask a questions regarding patents.

I won't go into detail of what the program can do, however, I will use an example.


Lets say someone patents a piece of software that performs 2 functions:
function 1; and
function 2.

Now lets say that I come along, write out a piece of software that performs function1 and function2. And I make this software available for free download, worldwide.

What can the patent holder, legally do to me?
At what point can the patent holder legally, take me to the cleaners?
What if I charged money for users to download this software?

Is there any way around this problem, eg. what if I add a new function, function3, to the software...what then?


I'm based in the UK, however, I would eventually want to distribute this program, worldwide.

 

[Michael Wechsler]

The entire issue concerns the facts, none of which you gave. It's impossible to answer. My guess is that if you create something that performs the same function in a different manner than the patent holder may have no claim. If two people invent different ways to plaster the side of a barn blue in half the usual time then they are two separate inventions.