Re: [ccp4bb]: License required for deposited structures!

[Favre-Nicolin Vincent <vincefn@users.sourceforge.net>]

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> > > this is not true either - information in patents may be used for
> > > non-commercial purposes (such as academic research)
> >
> >    No. Patents _also_ apply to non-commercial projects. However in
> > _practice_, seldom will a company file a lawsuit against a non-commercial
> > project because it does not make sense financially speaking. But
> > strictly, if a
> > non-commercial project (say, a freely available software) uses a patent
> > and reduces the financial earnings of the patent holder, then there can
> > be prosecution (and the project can be shut down).
>
> you're confusing research and products. you can use information contained
> in patents for research purposes. obviously you cannot start producing a
> patented drug in your lab or kitchen and handing it out for free. also, if
> your research that uses patented information results in a new marketable
> product or invention, you will need to negotiate some licensing arrangement
> with the patent holder

   Well, as you say you cannot hand out for free something that is patented, 
so patents _do_ apply to non-commercial products. This is a crucial problem 
for free software, of which our community is hungry for.

> > > also keep in mind that many things
> > > cannot be patented (in sweden: theories, discoveries, computer
> > > programs, teaching methods, objets d'art, disease treatments, etc. in
> > > the us, disease treatments and computer programs can be patentable,
> > > though). other things that are good to know: a patent can only be
> > > obtained for a functioning technical solution to a problem, which is
> > > both novel and non-obvious, and only the inventor can apply for a
> > > patent.
> >
> >    Very idealistic ! You _can_ gain a patent very trivial ideas,
> > unfortunately (and it'd cost you 10000-100000 €/$ to prove it _is_
> > trivial). And as for the
>
> even if you succeed - why would you do it ? it costs a lot of money to get
> a patent and you cannot hope to regain those costs (plus any legal expenses
> to fight possible infringements)

   trivial patents are a way to earn money which _is_ used, e.g. see the 
amazon "one-click buy" patent, or http://www.youmaybenext.com/ about patented 
e-commerce, etc... Of course as an individual I would not do it.
   Who wants to patent "one-click structure determination" ??

	Vincent
-- 
Vincent Favre-Nicolin
Université Joseph Fourier
http://v.favrenicolin.free.fr
ObjCryst & Fox : http://objcryst.sourceforge.net