OPENCORES.ORG

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@o... [mailto:cores-bounces@o...]
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

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