Ask Slashdot: IP and Patent Law Questions

Ben Darnell submitted a question regarding something we've all come to know and love: IP and patent law. "I am writing a Linux and PalmPilot clone of a Windows program (The Brain by Natrificial - www.thebrain.com). It has come to my attention that there are patents pending on "all fundamental aspects of The Brain." What exactly does this mean for me? As I understand things, it means nothing until the patents are issued. What happens then? Could they force me to stop work on the software? Could they force ftp archives to remove existing copies of the software? Could they sue me for the work I did while the patent was pending? For that matter, is there any way to find out if I'm violating any patents?" Read on for more details about the Brain and what Ben is doing.

"The Brain is an "associative file management interface" according to Natrificial's blurb on Yahoo. In a nutshell, it allows you to create "Thoughts." These thoughts have a title, an area for freeform notes entries, an optional link to a local file or URL, and most importantly, three lists of links: Parents, Children, and Jumps. The Brain features a rather unique UI that IMHO gets annoying after a while. You can see this interface in a large animated gif at www.thebrain.com.

The program that I am writing (called Synapse) uses the same 3 types of links to organize information. Each piece of information can link to files or URLs and has space for notes. I will also be implementing other standard features that are also present in the brain, such as bookmarks and a history list. I will not be using the same UI as the Brain.

Natrificial's website mentions that the patents include the "uniquely compelling interface." Does this mean that copying the parent/child/jump links alone would not violate the patent? (on the other hand, an email from the president of natrificial said that they "expect broad coverage of all fundamental aspects of The Brain, including its organizational structure." Can the parent/child/jump links even be patented? What happens if the code for Synapse is released under the GPL before the patent is issued?

PS: If you would like to beta test the Pilot version of Synapse, go here

Sounds interesting. Legally, what DOES have to occur before IP and Patent Law become enforcable, especially in the fast paced world of Information Technology?