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Can I get inspired from Patented Algorithm?

up vote 14 down vote favorite

I read an algorithm that is patented, I was inspired in one part of it and applied something similar (not exact) to my algorithm (e.g one step they applied out of their 10 steps algorithm I used in my algorithm not exactly identical but similar notion). Will there be any issue?

Can I simply say, this step was inspired from [ ]

2 Answers

up vote 4 down vote accept

If your question is whether you can cite the patent in a research paper, then yes, absolutely: patents are fully citable sources, and patents don't protect publication of related ideas.

If, on the other hand, you want to use your related algorithm commercially, you'd better get legal advice on that...

up vote 3 down vote

Assuming you have correctly cited the patent, in many countries there is an exemption from patent infringement if the potentially infringing work is academic and/or non-commercial. So, in this case, even if your algorithm does potentially infringe on the patent, you don't need to worry about unless you ever try to commercialise it.


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Can I get inspired from Patented Algorithm?

up vote 14 down vote

I read an algorithm that is patented, I was inspired in one part of it and applied something similar (not exact) to my algorithm (e.g one step they applied out of their 10 steps algorithm I used in my algorithm not exactly identical but similar notion). Will there be any issue?

Can I simply say, this step was inspired from [ ]


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up vote 9 down vote

If your question is whether you can cite the patent in a research paper, then yes, absolutely: patents are fully citable sources, and patents don't protect publication of related ideas.

If, on the other hand, you want to use your related algorithm commercially, you'd better get legal advice on that...

edit

The very word "patent" has the archaic meaning of "free to be seen." The point of the patent system was to enable information about new inventions to be readily available for other people to see, while protecting the original inventor's investment of ideas and effort. This means the original inventor can make a profit without having to keep the idea a secret, while everyone else can see how the invention works and use that information to make further advances. - Buzz May 21 at 13:07

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