OPENCORES.ORG

In most places, it's not infringing on a patent if it's for

It is my understanding that in regards to a National patent, the
actual building of the algorithm in HDL is considered infringment,
especially if you then post it for open access with the intent to earn
income off of the design.  It is true that for personal use, any one
individual can use a patent, but this does not apply to companies.

Now in regards to National Patents, technically speaking, if you do
not sell the patent in a country where the patent is protected it is
difficult for the patent owner to pursue you and in some cases, it is
virtually impossible (China) to protect a patent. But today, many
national patents are also immediately filed as an international patent
and under International patent law, even if the national patent is not
granted at the time you use it, the application time period for
international patent applies.  Thus you can find that after the fact
of going to a country where a National patent does not exist you can
be held responsible for utilizing a known patent if it fell under
international patent protection.

Please note, this is my understanding from our patent lawyers.  You
are better off using a GPL or similiar type of licensed core.  Even
Libraries can be protected and do to the large number of commerce
treaties between the US and other countries a US patent is typically
protected in countries even if a National patent had not been issued.

I hate to say it, but the legal issue of open source VHDL code has
gotten many innovators into financial trouble.

Texasjohn

----- Original Message ----- 
From: Lauro, John<jlauro@u...> 
To: 
Date: Mon Oct  1 02:46:53 CEST 2007 
Subject: [oc] patents and logic cores 

> In most places, it's not infringing on a patent if it's for 
> personal 
> use, so you can build it in an FPGA without issue. In the USA, just 
> making a device for personal use can be considered infringing, but 
> it 
> is highly unlikely of a law suite. Most likely case would be a 
> cease 
> and desist letter, and have to take files off of web sites, etc... 
> I am not a lawyer, but I would suspect that building a FPGA or 
> ASCIC 
> wouldn't be a problem for a company as a proof of concept test, but 
> any issue (royalty payments, etc...) should be worked out first 
> with 
> the patent holder, or at a minimum prior to any advertising, 
> selling, 
> etc... 
> I would suspect it depends on the language of the patent if writing 
> the algorithm in HDL would be infringing, or making an FPGA would 
> be. 
> -----Original Message----- 
> From: cores-bounces at opencores.org [mailto:cores-bounces at 
> opencores.org] 
> On Behalf Of Günter Dannoritzer 
> Sent: Saturday, September 29, 2007 8:55 AM 
> To: Discussion list about free open source IP cores 
> Subject: [oc] patents and logic cores 
> Hi, 
> I have been searching in the mailing list archives for patents and 
> how 
> they apply to logic cores. John Dalton did some interesting 
> comparison 
> back in 2003 about the meaning of patents in the US and Australia. 
> What I am looking for, and did not find an answer in the archive 
> is, 
> how 
> do patents apply to the development of logic cores? Let's say I 
> implement an algorithm as explained and claimed by a national 
> patent. 
> Is 
> the design of that algorithm in HDL a patent infringement or is the 
> implementation of the HDL on a FPGA or ASIC the patent 
> infringement? 
> Now to the national issue. I guess an infringement only applies to 
> a 
> country where the patent is issued from. So in case of a national 
> patent, if that patent has not been issued in any other country, I 
> would 
> be able to implement the algorithm and use it in all other 
> countries, 
> except for the one country the patent has been issued from, without 
> causing an infringement? 
> How does that apply to opencores now? As the server is placed in 
> one 
> country would it be possible to implement algorithms and post them 
> on 
> opencores that are protected by a national patent, not issued in 
> the 
> country the server is placed at? 
> I guess due to the mirror server that exist it would require to 
> consider 
> patents issued in each country a mirror server is placed? 
> Thanks for anyone shedding some light on this topic. 
> Cheers, 
> Guenter 
> _______________________________________________ 
> http://www.opencores.org/mailman/listinfo/cores 
> 
> 