[Asterisk-Users] G.729 licensing/patent?

[Benjamin on Asterisk Mailing Lists]

On Thu, 21 Oct 2004 14:34:31 +0200, Roy Sigurd Karlsbakk
<roy at karlsbakk.net> wrote:
> 
> The laws in norway currently don't allow patenting algorithms as with
> many other countries. Does this mean I can use G.729
> (http://www.vovida.org/applications/downloads/G729A/) without bothering
> the license?

First of all, the patents that concern G.729 are *not* for algorithms.
They are for signal processing apparatus. At least that is what the
patent applications claim and on which grounds those patents have been
granted. Had the applications claimed algorithms, the patents would
not have been granted in the first place. It is a matter of
interpretation by the examiner at the relevant patent office. The
examiner bought the story that the claims were for apparatus, not
algorithms, and as a result the patents were granted and are legally
in force.

Even if all of the relevant patents had been granted in error, then
this would still not change the fact that they remain in force. One
would have to dispute them formally with the appropriate patent office
and have them revoked by that PO or failing that, one would have to go
to court and have them revoked by the court. One could of course
simply infringe on the patents and wait for the patent holders to sue
and hope to get the patents revoked in the resulting lawsuit. In any
event, the process of getting a patent revoked is very bothersome and
costly and the outcome is not necessarily obvious. As with any court
case, being right doesn't automatically mean to win the case. Do you
want to take the risk involved?

No doubt, the patent system is in need of reform. It is fairly easy to
get a questionable patent granted, but it is rather difficult to get
such a patent revoked. Once granted -- bogus or not -- it will be in
force, like it or not. You can take a chance, of course, but don't
complain if you get yourself into trouble.

In any event, this list -- and by extension any other list -- is not
the right place to get legal advice. Go and pay a lawyer in your
country for a consultation and written opinion on your particular
concern. If you want to be really safe, hire a second lawyer and ask
for a second written opinion. Whatever the advice from those
professionals is, you can safely follow it because they will be liable
for the advice they give you should the advice turn out to have been
wrong and get you into trouble. Any advice you will get any other way
is without any warranty and far more likely to get you into trouble.
Follow it at your own peril.

rgds
benjk
-- 
Sunrise Telephone Systems, 9F Shibuya Daikyo Bldg., 1-13-5 Shibuya,
Tokyo, Japan.

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