File Format - Patents

Patents

Patent law, rather than copyright, is more often used to protect a file format. Although patents for file formats are not directly permitted under US law, some formats encode data using patented algorithms. For example, using compression with the GIF file format requires the use of a patented algorithm, and though the patent owner did not initially enforce their patent, they later began collecting royalty fees. This has resulted in a significant decrease in the use of GIFs, and is partly responsible for the development of the alternative PNG format. However, the patent expired in the US in mid-2003, and worldwide in mid-2004. Current European law does not enable algorithm patents (with some exceptions) and specifies, "Wherever the use of a patented technique is needed for a significant purpose such as ensuring conversion of the conventions used in two different computer systems or networks so as to allow communication and exchange of data content between them, such use is not considered to be a patent infringement". This allows implementation of a patented file system where necessary for two different computers to interoperate.

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