Is it illegal to implement a patented algorithm?

ZL; NG This depends heavily on the specific patent and the concrete application to be developed using the algorithm.Legal advice is strongly recommended for commercial purposes.

Use allowed: Tough conditions

To implement/use a patented algorithm I would only consider legally sound under one of the following conditions:

  • The use is not commercial (e.g. scientific research)
  • The patent proprietor has been authorised
  • The use case for the algorithm to be implemented is not covered by the patent. *)
  • The algorithm is not of central importance for the patent or

was already known before the patent was granted. i.e. the patented invention uses the algorithm, but does not claim it. *)

  • The patent does not cover the geographical area of the intended use (attention: this is a fine line, because even the development process could infringe the patent). *)
  • *) As a layman, it is not possible to be identified safely without legal advice.

    Attention Danger: On good luck

    In addition, there are some grey areas as tactics, which are not recommended without advice and economic potency in the back.However, there are known cases where these tactics have been used.

    I hereby explicitly advise against using these tactics and describe them exclusively as an illustration of the hard bandages that are sometimes used in the economy:

    • It is very likely that the patent has been granted wrongly, it is absolutely certain that it will be able to prove it in court and that we are prepared to bear the necessary costs.

    However, this can take years and go into big money or end with a guilty verdict.

  • There are good arguments for getting the patent proprietor to agree, e.g. by reciprocal licensing of the respective patents.
  • One thinks the patent proprietor will not want to discover the use or take the burden of an action due to the economic importance of his own business (this is a rather naive assumption, however).
  • Patented algorithms – as now?

    Basically, algorithms in the form of a program as such ornot patentable as part of mathematics.Since a program is ultimately nothing more than the succession of mathematics, it has long been considered that algorithms are not patentable, but as part of a technical system, for which a physical effect is absolutely necessary.However, patent attorneys and patent examiners have agreed for more than 20 years that so-called patent attorneys have agreed that so-called patent attorneys have agreed that the computer-implemented inventions are patentable if they have a sufficiently technical effect.

    Patents are always granted for a specific invention, which is so-calledclaims must be recorded. A claim describes a concrete application of the invention.

    Note: I am not a lawyer.The above versions or the whole answer is my own opinion and is not a recommendation for action. The use of this answer or parts of it is in your own risk and is solely your responsibility. Any liability is excluded.

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