Software Based on Research Papers

[SnVP]

Hi everyone,
I'm currently developing an application which uses various methods described is different research papers which have been published in journals. The code is created by myself, but the algorithm theory is obtained from the research work. Where do I stand when it comes to selling my application? Do I have to pay royalties or, since the paper is in public view, can I assume that I can use it how ever I like?
Thank you.

[KeyWestDan]

Typically, once something is publicly published it is in the public domain. However, if the underlying science is patentable, usually a patent application will be filed. You will need to be certain there is no patent application on the
algorithm itself. However, if the paper just presents a "theory" and not the actual algorithm or enough information to construct it directly, then the algorithm you developed is your own work. I would make sure to file a copyright on it.

There is no protection for a theory or speculation or ideas. It does not matter what inspired you. Your algorithm is your own work, as is your program. You need to protect those and thus consult a qualified intellectual property attorney.

[Mr. Knowitall]

Is any of the work you're looking at under patent, or the subject of a patent application? That's where you're most likely to get into trouble.

[SnVP]

Hi,
Thanks for the reply. I'll have to check the patents, but I feel it's going to be a very grey area. For example, to analyse a video, you need to carry out various algorithms to obtain frequency values. These algorithms are available in maths books, wikipedia etc... The research papers simply use these but with certain values (which have been shown to be good values to use for decent results). Would you recommend I see a patent lawyer straight away, or develop the software and worry about the patents later (and possibly change aspects after, if required, to avoid conflict)?
Thanks again for the help.

[KeyWestDan]

Personally I don't think you have anything to worry about. Also, software patents are very difficult to get and defend. Amazon just lost their one-click patent in Canada.

Patent attorneys are very expensive and you don't need one to do a patent search. You can do a search yourself, or hire a patent search firm in Washington, D.C. that will send their people to Crystal City and do the search for you. You can also go and do it yourself.

I do patent searches myself.