[Fedora-legal-list] question about patent

[Tom "spot" Callaway]

On 03/25/2009 09:20 AM, robert song wrote:
> Hello, everyone.
> Now I am using Pettis-Hansen method as follows to reorder functions.
> http://www.cs.virginia.edu/kim/courses/cs771/papers/pettis90profile.pdf
> 
> But I found that the algorithm has its patent as below.
> http://www.freepatentsonline.com/EP0459192.html
> 
> So if I use this algorithm in my codes, it will infringe the HP patent.
> Does it mean that this algorithm can not be used in codes ?
> Is there any method to solve this problem ?

Keep in mind that I Am Not A Lawyer (IANAL), and this should not be
taken as Legal Advice. I'm assuming you're in Europe, because you've
cited a European Patent (0459192). That patent appears to have lapsed,
due to HP not paying the European Patent Renewal Fee:
http://v3.espacenet.com/publicationDetails/inpadoc;jsessionid=1073239D43DF1FEB82A4A485C46566E1.espacenet_levelx_prod_5?CC=EP&NR=0459192A2&KC=A2&FT=D&date=19911204&DB=&locale=

I would still recommend that you talk to a patent lawyer in your
jurisdiction.

The situation is different in the US. That patent appears to be the same
as US Patent 5212794, which expires on June 1, 2010. This means that
even if you legally implemented Pettis-Hansen in Europe, Fedora would
not be able to include your code (until June 1, 2010) without an
unrestricted patent grant. You would need to request that from HP,
although, I have no idea who at HP you could talk to about that, nor if
they would be willing.

~spot