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

The four freedoms and GNU/Linux naming controversy, by Akira Urushibata
Social control media owned and run by 'broligarchs' keeps attacking RMS for insisting on names that include GNU
Open Source Initiative (OSI) Not Doing Its Job, Instead It's Promoting Microsoft Ponzi Schemes
it participates in Microsoft's Ponzi scheme, which helps Microsoft distract from or excuse the mass layoffs
The Register MS: Installing Free Software on Your Device is 'Sideloading'
This is a form of propaganda
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Frankly Getting Sick of Slop About "AI" (Slop)
Calling everything out there "AI" serves nobody and nothing but the Ponzi scheme
Media Gaslighting Dooms the Media
this "AI" gaslighting is done because publishers get paid to do so
 
Links 07/01/2026: Europe's 'Binding Commitments' on Ukraine's Security, "Venezuelan Leaders Project Independence"
Links for the day
Gemini Links 07/01/2026: Smart Toaster and Social Control Media Fatigue
Links for the day
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Even Microsofters Now Speak About Microsoft Reportedly Planning to Sack 10% of Its Staff (as Early as This Month, or 2 Weeks From Now) as Real Income Falls
Microsoft buying from Microsoft isn't real income, it is accounting fraud
Crans-Montana, Le Constellation: journalists, victims' families, ProtonMail users at risk, police raids
Reprinted with permission from Daniel Pocock
GNU/Linux Reaches All-Time High in Tanzania
This month (and year) GNU/Linux is measured at an all-time high there, based on the data that statCounter can see
Links 07/01/2026: Microsoft ChatGPT Killing People and Microsoft "Github monopoly is destroying the open source ecosystem"
Links for the day
Mass Layoffs in Microsoft's XBox Soon, Just Like We've Said for Months
IBM and Microsoft are heading in a similar trajectory and are hiding how bad things are using similar tactics
Now It's a Mainstream Media (MSM) Story: Microsoft Layoffs Coming, They'll be Vast (and They Blame "AI", As Usual!)
the books were cooked (accounting fraud) to hide what really went on
Stick to the Science, the Facts, the Observable Reality
Science is at the heart of this site
Africa's Search Market Has Been Unfavourable to Microsoft
In Africa, as we've just noticed, Bing is moving down, even more sharply this year
Slideshare is Slop
Be sure fools will rewrite history online
Gemini Links 07/01/2026: Looking at 2026, Linux Anti-Minimalism, Diode Function Generators, and Inkscape
Links for the day
Projection Tactics - Part I: What is "Serious Harm"? Or Whose?
the most serious harm was done to us
Links 07/01/2026: More Signs XBox the Console is Dead/Dying, Convicted Felon Repeats Threats of Greenland Annexation
Links for the day
EPO People Power - Part XXVII - Science- and Principles-First Journalism About Issues That Matter
journalism became so shallow that nowadays it can be replaced by bots
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 06, 2026
IRC logs for Tuesday, January 06, 2026
Gemini Links 06/01/2026: Collective Responsibility, Pico2DVI, and TV Detox
Links for the day
Microsoft Loves Freedom, Democracy... and Linux? No, Microsoft Laying Off Because "Microsoft Loves Linux" Was Failed Posturing, Its Former Staff Moves to GNU/Linux
"What are the running totals for IBM and Microsoft layoffs?"
GNU/Linux at 4% "Market Share" (Even According to Steam Survey)
Another milestone
Links 06/01/2026: Neglect of the Elderly, Abandonment of International Laws
Links for the day
Links 06/01/2026: More Reports Point to Mass Layoffs at Microsoft (Later This Month), Greenland/Denmark Cautions the Dictator Who Illegally Invaded Venezuela
Links for the day
Internet Policy/Net Reality: You Must Never Ever Rely on Google (no "S.E.O." Either)
Stack Overflow is dying
Ahead of Mass Layoffs Microsoft Tries to Rebrand or Redefine XBox (Because the XBox is Tentatively Dead)
2026 will be the last year of XBox in all likelihood
Richard Stallman (RMS) Announces His Georgia Talk 2.5 Weeks in Advance
A lot earlier than usual
Dr. Andy Farnell on Technology That Harms People (and Lack of Regulation Which is Needed to Address This Problem)
Dr. Farnell's article is long but well worth reading
GNU/Linux Rising to 5% in Cameroon and It's Hardly the Exception
"AI" is just a smokescreen as losses pile up
Rumours: Microsoft to Lay Off 12,500-25,000 Workers Soon (Tentatively Wednesday, 15 Days From Now)
"Layoffs are coming third full week of Jan. Likely 21st but these things can move around a bit based on last minute developments."
EPO People Power - Part XXVI - European Media Has Become Part of the Problem
it is as clear as daylight that Cocainegate is real
IBM 2026 "Organizational Change/s" Means Layoffs Resume Soon, Some Claim "Forever Layoffs."
It's about "narrative control"
Microsoft Layoffs in January 2026
Get ready
Google Still Boosting Slopfarms
Slopfarms will probably all perish as soon as Google News quits sending them visitors
Links 06/01/2026: Cryptocurrency Scam Emails and Greenland's Fear of Getting 'Venezuelad'
Links for the day
Links 06/01/2026: DIY Projects and Inertial Music
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 05, 2026
IRC logs for Monday, January 05, 2026
To The Register MS, ARM Means Microsoft Windows (Follow the Money)
the Free software community can campaign and run sites (like the one below), but it cannot afford to bribe so-called 'news' sites like Microsoft and its OEMs do
IBM's CEO Makes No Sense
"IBM CEO Aravind Krishna on what’s really driving tech layoffs"
Links 05/01/2026: Tensions in Korea, Ukrainians See "Double Standard" in a US Russia-Style Invasion
Links for the day
Gemini Links 05/01/2026: Farewell to CBS Reality, Being On-Call, Digital Ad Spendings
Links for the day
Remember That Nobel Prizes Are All Named After the Inventor of Explosives (Even a "Nobel Prize for Peace")
These rewards are only as valuable as the reputation they earn for themselves
Baidu and Yandex Have Overtaken Microsoft in Asia
how about all the Bing layoffs?
Googlebombing for Bill Epsteingate
Maybe the slopfarms too can help him cover up
Of Course GNU/Linux Has Reached All-Time High in Africa in 2026
Africa will, on average, gravitate towards Free software or whatever costs less
From GNU/Linux Boosting to Slop-Boosting Career
It is sad to see someone who devoted many years of his life producing GNU/Linux stories stooping down to this "AI" boot-licking
IBM Buys, Then Disposes/Sacks, the Staff (That It Paid For)
Any money gained is spent buying some more companies to add/join up their revenue, even if the debt surges and there's little integration going on (misfits absorbed)
Time for Microsoft to Rebrand to Fit the Vapourware (Ponzi Scheme)
something between Meta and Alphabet
Links 05/01/2026: Slop Ruining Children's Minds, "Complicity of the Press in US Violence"
Links for the day
Microsoft's Windows Falls Below 20% in the UK
After a lot of years of advocacy and hard work
The Real GNU Anniversary (Not Manifesto or Announcement) is Today
the development, not the manifesto
GNU/Linux Usage Said to Have Doubled in Oceania
it's hard to discount or dismiss Oceania as a bunch of "coconut islands"
There's No Such Thing as "AI Godfather", Stop Repeating This Pure Nonsense!
Infantile or corruptible media that plays along with slop or uses slop will perish
Gemini Links 05/01/2026: "Poverty and Hunger", "Entrepreneurial Family", "Abandoning Obsidian for Logseq"
Links for the day
Links 05/01/2026: A Shrinking Canadian Economy, Brigitte Bardot's Environmentalism Recalled, Unredacted Epstein Files
Links for the day
Microsoft Allegedly Uses Performance Improvement Plans (PIPs) to Hide the Massive Scale of Company-Wide Layoffs
Just like IBM; they meanwhile talk a bunch of nonsense about "AI" to distract from their commercial calamity
Battles Are Won in the Court of Public Opinion
Many "systems" rely on the mere perception or appearance of legitimacy
No, Writing Isn't in Decline, Some of the Large and Centralised Platforms Are
Slop isn't really competition, just a passing fad and pure noise
GNU/Linux Share in Mongolia More Than Doubles
they probably lack any genuine excitement for "hey hi PCs"
Whistleblowing is About Understanding Boundaries and Risks
The bottom line is, people typically find out the truth at the end
EPO People Power - Part XXV - While EPO Managers Snort Cocaine the Staff Compiles 'Insurance Files' to Expose EPO Corruption
In this increasingly authoritarian world we need more whistleblowers
"The European Patent Reform" That Represents a Gross Violation of Laws, Constitutions, and Conventions (in Order to Make the Rich Even Richer, Mostly Outside Europe)
How far and how long will EPO corruption go?
The Reputation Issue Is Not Our Fault
Trying to squash words (and people) merely diverts more attention to them
GNU/Linux Distribution "Ultimate Edition" Fixes Its Web Site (Apparently Compromised Months Ago)
they dealt with the issue before media shame and a catastrophe of trust
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 04, 2026
IRC logs for Sunday, January 04, 2026