Hypothetical: I’m based in the UK. I’ve developed an application only to discover after it has gone live, that someone else has filed a US Patent application for similar software. I don’t know if the patent will actually be granted, since the software-functionality has probably already existed long before now. Definitely the business process has been done for many decades albeit manually or semi-manually. What are my options? I’m thinking
- Assume the patent will fail and just carry on. But be prepared to stop shipping if and when they are granted the patent.
- Assume it will be granted (because that what they normally do by default) and stop selling the application now; and offer refunds to those already purchased.
- Open the source. Make my source code open-source and free to amend etc. But copyrighted. Then I could at least continue and get cred for giving the software away free and revenue for improving or customising the application for individuals.