Patent Infringement

panda · 05-20-2009, 08:29 PM

Hi, I was wondering if anyone has had any problems with their app potentially infringing on existing IP. I have an idea for some apps, I am just concerned the development time I put in will be wasted if I go ahead. I realize you can't patent software, but the combination of IPhone + software may result in an infringement. IANAL (I am not a lawyer).

Any related comments would be most welcome. Thanks.

MarkHernandez · 05-20-2009, 09:19 PM

That's a great question. I've wondered about that for my app as well.

It's a difficult one to answer and I think what it's going to take for you in particular is to find out who might overlap with your ideas and do some due dilligence, and start asking specific questions. Your question is too hard to answer generally, and I know you know that.

Of course, we all know we can't mess with, or repurpose someone else's "content", but methods or techniques, I don't know.

I remember late last year I was curious as to why no one has yet done any 3D visualizations of object-oriented environments. Why don't we have videos now that clearly depict messaging and how objects work with each other and relate to each other, etc.

I was fascinated by the subject because new developers (like I was) would understand developing for the iPhone 10 times more quickly if we could stop using words to describe this 3D space, and expecting that people trying to learn about it are going to be able to construct accurate 3D models of this environment in their heads.

I started doing research and it turned out that I was blocked all over the place. Many of the ideas for "visualizations" were in the form of academic papers that were protected intellectual property. In some places you had to pay $75 to access the material (just to find out it wasn't what you were looking for), and I'm sure many of these guys have applied for patents for their "technique." Long story short... it totally sucks because these guys are sitting on this and nothing is happening. The year is 2009, and it's the age of Pixar but we find ourselves learning about frameworks and Objective-C from words in books and documents, and from 2D slide shows from Apple.

Well, hopefully someone else will answer here. When I go to WWDC in a couple of weeks I'm going to be asking around for my own reasons so maybe I'll find something out.

Probably most everyone who creates something for the App Store has this fear. If you're in business for yourself, we know all it takes is a legal team somewhere to file a lawsuit against us and that act alone is enough to ruin everything you've worked for, and they know that.

There is a big body of knowledge on IP and it's protection, and people and services (and sharks) that will help you navigate the waters.

Keep at it. But I think that you are going to have to get specific in order to find out the answer in each particular case, and that's a fine line to walk if you don't want to reveal what you're intending to do.

Hope this helps somehow.

Mark

Sageous · 05-25-2009, 11:17 AM

Think of some functional keywords that describe what you want to do, and then stick into the following search databases. It's not the same as hiring some legal help, but it's "pretty good". If you think you're going to be in the habit of making stuff that could make for a worthwhile patent (and thus maybe already filed), then you'll have to start getting comfortable with these searches anyway sooner or later.

US Patent Full-Text Database Boolean Search

Google Patents

05-20-2009, 08:29 PM	#1 (permalink)
panda Junior Member Join Date: May 2009 Posts: 1	Patent Infringement Hi, I was wondering if anyone has had any problems with their app potentially infringing on existing IP. I have an idea for some apps, I am just concerned the development time I put in will be wasted if I go ahead. I realize you can't patent software, but the combination of IPhone + software may result in an infringement. IANAL (I am not a lawyer). Any related comments would be most welcome. Thanks.

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05-20-2009, 09:19 PM	#2 (permalink)
MarkHernandez Administrator Join Date: Mar 2008 Location: San Diego, CA Posts: 508	That's a great question. I've wondered about that for my app as well. It's a difficult one to answer and I think what it's going to take for you in particular is to find out who might overlap with your ideas and do some due dilligence, and start asking specific questions. Your question is too hard to answer generally, and I know you know that. Of course, we all know we can't mess with, or repurpose someone else's "content", but methods or techniques, I don't know. I remember late last year I was curious as to why no one has yet done any 3D visualizations of object-oriented environments. Why don't we have videos now that clearly depict messaging and how objects work with each other and relate to each other, etc. I was fascinated by the subject because new developers (like I was) would understand developing for the iPhone 10 times more quickly if we could stop using words to describe this 3D space, and expecting that people trying to learn about it are going to be able to construct accurate 3D models of this environment in their heads. I started doing research and it turned out that I was blocked all over the place. Many of the ideas for "visualizations" were in the form of academic papers that were protected intellectual property. In some places you had to pay $75 to access the material (just to find out it wasn't what you were looking for), and I'm sure many of these guys have applied for patents for their "technique." Long story short... it totally sucks because these guys are sitting on this and nothing is happening. The year is 2009, and it's the age of Pixar but we find ourselves learning about frameworks and Objective-C from words in books and documents, and from 2D slide shows from Apple. Well, hopefully someone else will answer here. When I go to WWDC in a couple of weeks I'm going to be asking around for my own reasons so maybe I'll find something out. Probably most everyone who creates something for the App Store has this fear. If you're in business for yourself, we know all it takes is a legal team somewhere to file a lawsuit against us and that act alone is enough to ruin everything you've worked for, and they know that. There is a big body of knowledge on IP and it's protection, and people and services (and sharks) that will help you navigate the waters. Keep at it. But I think that you are going to have to get specific in order to find out the answer in each particular case, and that's a fine line to walk if you don't want to reveal what you're intending to do. Hope this helps somehow. Mark

05-25-2009, 11:17 AM	#3 (permalink)
Sageous Junior Member Join Date: May 2009 Posts: 2	Think of some functional keywords that describe what you want to do, and then stick into the following search databases. It's not the same as hiring some legal help, but it's "pretty good". If you think you're going to be in the habit of making stuff that could make for a worthwhile patent (and thus maybe already filed), then you'll have to start getting comfortable with these searches anyway sooner or later. US Patent Full-Text Database Boolean Search Google Patents