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Comment by paulgb | Hacker News Reader

Lots of anon accounts (reasonably) in this thread, so I want to back up as a non-anon former Googler that your experience matches mine. It wasn't "ignore patents", it was "don't look up patents so you aren't influenced by them".

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I worked at Medtronic and currently work at Qualcomm. Both companies had policies matching this. Don't search patents so you are not influenced by them.

Since when did that matter in patent law? Patents are public domain, and ignorance of a patent is not a defense against having infringed. Since at least 2012, the US has had a first-to-file policy instead of first-to-invent.

There's no legal reason to worry about being influenced by a patent. The only concern might be boxing your creativity where you can't think of alternative solutions to a problem once you've seen one solution. That doesn't seem like a strong enough reason for a blanket policy.

IANAL but this confuses me.

What I was told is that if you research the patent and aware of its existence then you may be guilty of willful enfringement with treble the normal penalties:

https://www.jonesday.com/en/insights/2016/06/supreme-court-u...

https://www.ip-watch.org/2016/07/26/us-high-court-restores-t...

More precisely, a standing policy that researching patents is forbidden is prima facie evidence that your employees couldn't have possibly known about an existing patent. That means that a plaintiff suing for willful infringement will need to find evidence that someone went out of their way to ignore the policy. That might be quite difficult.

(Of course: not a lawyer, this is not legal advice)

Wow, I'm amazed that this would hold up. That's like saying that if I drive with a blindfold on, I couldn't possibly have willfully caused an accident because, as a matter of policy, I couldn't have been aware of the other cars on the road.

A more accurate analogy is a company policy that strictly prohibits driving.

you're right, its the creativity and alternative solutions.

Another anon Googler here (with a slightly older account).

Your experience matches mine. I think it might even be somewhere in the mandatory periodic training.

Doing a patent search as a software engineer can only hurt you. Better just to route any questions to product counsel.

Xoogler and current AWS and both companies have a "do not open or read patents" policy.

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