Bonum Certa Men Certa

Guest Post: Watch Out for “Patented API” Traps, by Jose X

The Trap in a Nutshell



A patented API is short-hand for saying that an API (a software interface) is defined to parallel a patent so that using the API to build applications creates patented material unavoidably.



This is a trap API. Use it, and infringe.

The story:

Q: Can I "work around" the patent? Q: Can I re-implement the API libraries so as not to have to redesign and recode all apps? Q: Can I map or translate the app automatically into something safe?

A: In general, no, you can't, if the trap is a good one.

This covers the trap in a nutshell.

[The disclaimer: I am not a lawyer, and I have never written a patent application. But.. I do know how software works, and I have developed more than just half a clue about how patents work (in the US).]

Further Basic Discussion



For those that want a little more explanation, we have this link.

..as well as a hypothetical "Tetris" Patent Trap example.

Visual Basic function



"Tetris" Patent Trap



Patent Tetris Patent CoolDraw API Tetris API CoolDraw

We have two patents and two API. One patent and one API are high-level (Tetris). The other patent and API are low-level (CoolDraw). The high-level patent and high-level API are designed together as a trap as mentioned above. Ditto for the low level ones.

Let's look at a few more details on the patents and on the APIs. Then, we'll cover the four main scenarios. Do note the interplay of high-level with low-level. When the levels are the same (and matching), we have stepped onto the trap.

-- Patent Tetris: patents any tetris like game.

-- Patent CoolDraw: patents a cool way to draw on the screen from computer memory.

-- API Tetris: a createTetris function produces a tetris game when you input things like block size, colors, number of rows, time, etc.

-- API CoolDraw: a doCoolDraw function uses a cool algorithm to move values onto the screen.

Case 1: -- Patent Tetris -- API Tetris.

In this scenario, if we use API Tetris within our app so that a tetris game is created, we violate Patent Tetris, guaranteed.

Case 2: -- Patent Tetris -- API CoolDraw.

In this scenario, if we use API CoolDraw within our app so that we draw to the screen, we do not violate Patent Tetris unless we write a lot more code so as to create our own tetris game. It would take many lines of code to violate Patent Tetris.

Case 3: -- Patent CoolDraw -- API Tetris.

In this scenario, if we use API Tetris within our app so that a tetris game is created, we may violate Patent CoolDraw ..or not. It depends on how API Tetris was implemented. Does createTetris write to the screen the way described by Patent CoolDraw?

Case 4: -- Patent CoolDraw -- API CoolDraw.

In this scenario, if we use API CoolDraw within our app so that we draw to the screen, we violate Patent CoolDraw, guaranteed.

Quick Analysis

Case 1 (and Case 4) patent and API are at the same level (and matching). This is a trap. To avoid infringement, you have to redesign and re-code the application using a different API.

Case 2 is the case when people consider "working around" the patent. It's an odd event. You have to write many lines of code in order to possibly be infringing. If you are, you then try to code around it, perhaps by building something a little different than tetris. [In general, avoid infringement by make sure some of the properties of the patent claim are not met.]

Case 3 is the case where if a violation were to exist in the API implementation, you can try to re-implement the libraries and this way avoid re-implementing each and every single app as would be required for Cases 1 and 4.

The reason Case 3 allows you to re-implement the libraries and avoid re-coding up every application is fundamentally because you can re-implement the API but keep fixed the same interfaces and specifications enshrined in the API contract and assumed by the applications. This is not possible in Case 1 and Case 4 because any re-implementation of the same specification, for these cases, will infringe in the same exact way as with the original implementation since it's the specification itself (not any implementation of any part of it) that parallels the patent.

The reason Case 2 does not result in automatic infringement as happens with Case 1 and Case 4 is that the API interface and patent requirements don't match. It's that simple. Case 2 is where the application could possibly end up violating if you code enough with that API or with another. The Case 2 patent is high-level while the API is low-level. Case 3 is different in that the patent is low-level while the API is high-level; thus, Case 3 contrasts with Case 2 because in Case 3 the potential violations would not happen within the application (as with Case 2) but rather within the library.

In short, Case 1 and Case 4 are the only cases (of the four) where any API usage, by definition, specifies that the application will acquire all the properties of the matching patent claim. These are the traps.

Random APIs will not shadow any given patent as occurred in Case 1 and in Case 4. Developers normally would not have to worry. They can expect a Case 2 or a Case 3, if anything. However, Case 1 and Case 4 can be designed on purpose when the patent author and API designer are the same entity. Why would this author create this trap for developers? Well...

-- The patent author is determined to file lawsuits as necessary (maybe via proxies) in order to slow down many and/or key competing applications (eg, FOSS applications).

“You can be given a patent license and even GPL code for the core API, but not for the patented API extensions.”If you are using an API designed by such a vendor (regardless of who implemented the libraries), beware. I see lots of redesigning and re-coding in your future, just to get back to the same point (on a per app basis). Remember that the patent might still be in the pipeline, have been sold to a proxy, or have been developed through a partnership under a different company or alias.

The above nutshell and sample analysis omit many details. There are many corner cases and things are not cut and dried. In a second article to follow (possibly), we will look closer into many details of the trap scenario.

Finally, there is a more insidious trap that exists. You can be given a patent license and even GPL code for the core API, but not for the patented API extensions. You may then find that you can create only simple applications safely (with that core API), even if you decide not to use the patented extension API but build your own. This is more insidious because the patent and copyright licenses given for the core API give the illusion of safety (a green light to proliferate), and is insidious and dangerous all the more so since you might purposely avoid the patented extensions. The trap happens if you use the "safe" core with any extension whatsoever (since the extended patented properties can be very general in nature). The details of this extended insidious trap may form the subject of a third article later on. It's also described further here.

Comments

Recent Techrights' Posts

It Has Cost $215,000 in Legal Costs to Sue IBM for Wrongful Termination
IBM typically settles out of court and demands secrecy (to avoid anyone else benefiting from the very expensive outcome)
The PIPs or 'Voluntary Termination Offers' Help IBM Fake Its Situation
"IBM is not a tech company"
 
SLAPP Censorship - Part 184 Out of 200: A Tiny Law Firm That Knows Nothing But Microsoft (But Merely Pretends to Understand "IT")
They've managed to trick some mainstream media into thinking they're "Tech" experts or "Social [Control] Media" gurus; nothing could be further from the truth
Links 15/09/2026: Sweden’s Far Right Perishing and "Iceland Just Got Played"
Links for the day
It's Not About How Developers Vote
This isn't about politics, it's about users being in control of their own computers and computing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 14, 2026
IRC logs for Monday, September 14, 2026
Gemini Links 15/09/2026: Poetry, Enshittification of Ebay, and Mecha System
Links for the day
LG Lies to Cover Up Lies About Its Spying TVs (It Records and Transmits Conversations in Rooms)
This is what a lot of "modern" technology is like
Oracle's Debt Continues to Soar (Increase of 60 Billion Dollars in 15 Months, Not Counting the Secret Debt, With Off-balance-sheet Debt Having "Grown Roughly Thirtyfold in Four Years")
Oracle debt continues to grow
Apple's iOS and macOS Measured as Bigger Than Windows in the US, Linux-Based OSes at Almost 30%
Expect the silent layoffs at Microsoft to continue at a rapid pace
Oracle, Like Microsoft, Drowns in Debt and Discards Tens of Thousands of Staff (Microsoft Does the Same More Discreetly)
The main difference between Microsoft and Oracle is that the latter is honest about what's going on
Gemini Links 14/09/2026: First Android Phone, Leaving Sony, and Rant About Gemini-to-HTTP Proxy Providers
Links for the day
Links 14/09/2026: "Scam Altman Now Trying to Gain Control of Electric Grid" and Sweden Moving to the Right
Links for the day
Vista 11 Flunked
Microsoft cannot start a "Vista 12" campaign as it would only make matters worse
Microsoft Urgently Needs Distraction: There's No "Next XBox", But There's a New Boot Screen (Like 'Dark Mode', a Feature That Can be Implemented in Mere Minutes/Hours)
Anything to distract from XBox fiasco
IBM Flying Away to Sweatshops (So Will Red Hat)
Even on Sunday people post about 'leaving' IBM
RFID Ambitions Already Established by Widespread Skinnerbox Adoption
A society that cannot maintain privacy for those who deserve it will not manage to assure dignity of citizens
SLAPP Censorship - Part 183 Out of 200: What Actually Happened Two Months Ago (Based on People Who Attended)
It's dangerous to assert what happened in a hearing you did not attend (there was no video stream or recording, either)
Phil Harvey, an Editor-in-Chief in a B2B Site, Explains Why ChannelFutures (Connected to TechTarget) and Other Sites That Used to Cover Linux Deleted Many Articles
Every old article in channelfutures is gone!
Software Freedom Day 2026 is 5 Days From Now, Fresh Reminder to Boycott Proprietary Software
Let this be a timely reminder of why people should avoid proprietary software
Links 14/09/2026: Slop Hardly Used for Actual Work (Chatbots Are for Lonely People), Slop Bots (Scrapers, Plagiarism) "Are Thirsty for Power"
Links for the day
Gemini Links 14/09/2026: Trip, Hiding, and OCR
Links for the day
IBM PIPs Are Layoffs (RAs Come Later Even If You Satisfy the "Performance" and "Plan")
Notice how "the media" almost never mentions silent layoffs, as if just because they're silent, there's nothing to investigate, nothing to see there
Slop Companies Engage in Plagiarising the Web, Now They Pay People to Contaminate the Web With Their Lies
Remember that the lawfare against us is funded by slop salaries!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 13, 2026
IRC logs for Sunday, September 13, 2026
Microsoft is Laying Off All Year Long (It's Just Keeping Quiet About It)
The issue here is also the media. It's complicit.
MElon's Twitter Takeover Was Meant to Amplify People Like Himself or David Heinemeier Hansson (Slop Pyramid Schemes and Bigotry)
Social control media is not neutral
Microsoft Lunduke of 'Linux Sucks' (and Microsoft Corp.) Tries to Replace GNU/Linux With Toxic Discussions About Toxic Politics
Poisoning the well people drink from
General Assembly Covers EPO Strikes on Thursday, September 17th (2026)
The EPO's staff representation at The Hague has asked people to join an upcoming online session about industrial actions
Links 13/09/2026: Republican Campaign Aide Uses Nazi Photo and Convicted Felon is Wielding Power to Stifle Speech
Links for the day
Gemini Links 13/09/2026: Never Settling, Plain Text Digital Life, and Newsgroups
Links for the day
SLAPP Censorship - Part 182 Out of 200: UK Dockets With Machine-Generated Applications to the Court (From American Slop Companies)
Earlier this year Garrett was using machine-generated output as legal papers and submissions
Efforts to Cancel Matt Mullenweg Have Made Us More Sympathetic Towards Mullenweg and More Sceptical of the People Who Run Automattic (Named After Mullenweg)
Mullenweg, unlike Automattic, is not "in it for the money"
Boosters of Omarchy Are No 'Underdogs'
There are many Arch derivatives that do not rely on "viral" marketing in MElon's child porn-pushing social control media and are instead relying on real development, not slop
PIPs Are a Setup: They Set Workers Up to Fail While Working Their Arse Off Before Getting Kicked (Out) in the Arse
Malicious and exploitative
SLAPP Censorship - Part 181 Out of 200: This is Really More Like Brett Wilson LLP v Schestowitz (Using Money From American Slop Companies, Plagiarism Pushers)
We approach the parts where we explain that the Application to the Court with Garrett's name on it was instead complaining about fair criticism of the combative law firm (irrelevant to any injunctions) as if it was impermissible to explain what it had done - and still does - to my wife and I
It Sometimes Feels Like Slop Companies Are Committing Online/Digital Crimes
"GPT" out of control
Gemini Links 13/09/2026: Why Omarchy is "Plain Disgusting" and "AI Slop" and Why "Plain Text To Do List" Rocks
Links for the day
Links 13/09/2026: Scam Altman Admits Issues (Financial), Rival Says Stop Slop (Plagiarism)
Links for the day
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026