Our electronic devices are much faster thanks to a Polish scientist’s invention.

This is a story of a lonely genius inventor, and of several systems that failed to protect him from the rapacity of modern capitalism. It is also the story of how modern, large digital companies operate, and a commentary on Poland’s still unsteady entry onto the stage of the world’s knowledge economy. 

Efficient data processing is at the heart of modern computing and electronic devices. One of the key features of information processing devices is the efficiency with which data can be compressed. Until recently, these devices relied on an approach from several years ago. This changed when Dr. Jaroslaw Duda, a Polish scientist from Jagiellonian University, Cracow, Poland introduced the world to a breakthrough approach using asymmetric numeral systems (ANS), which accelerated data processing by more than 30 times, and is currently implemented in the Linux kernel used in phones and tablets, in Amazon, IBM, and Facebook servers, in Apple hardware, Pixar animations, Microsoft computer games, Google software, and DNA sequencing and artificial intelligence. 

Dr. Jaroslaw Duda is a remarkable scientist who invented this breakthrough approach largely by himself in the course of his studies. He currently holds three master’s degrees: in computer science, mathematics, and physics, and two doctorates: in computer science and physics. 

He does not hold a patent for the ANS invention. 

He invented the first ANS version as part of his MA in physics and finished working on a revised ANS version (rANS) in 2014 while at Purdue University, as a post-doctoral fellow. This time, Dr. Duda contacted Google’s IT team to offer his data compression method as a new way of data processing. His offer of collaboration was warmly received, and they worked on the method for 3.5 years exchanging ideas and solutions. Dr. Duda, somewhat naively, believed that this collaboration would result in the offer of formal collaboration. However, after 3.5 years, his contacts at Google stopped responding and after the next 18 months, he discovered that Google submitted a patent for ANS in the United States.       

Dr. Duda felt betrayed. He brought his situation to the attention of the international encode.su forum, which gathered specialists in his field but, in spite of the interest his post sparked, nobody could advise him on how to move forward in relation to the Google case. He also filed a complaint with the US Patent Office. He then turned for support to the media, and to the Jagiellonian University administration. The support he received from a university legal representative eventually resulted in an online meeting with Google representatives. The message was straightforward: yes, they filed for the patent, but from a legal point of view, they were covered. And this ended the communication with Google.

Meanwhile, Dr. Duda gained a new friend and supporter, Mr. Józef Halbersztadt, an expert at the Polish Patent Office. They turned to the Ministry of Digitization and the Ministry of Higher Education and talked with two deputy ministers. In spite of a promise of help, nothing happened. Dr. Duda tried to interest English language science and technology portals, which resulted in articles pressuring Google to drop the application for the ANS patent. While it is hard to know what ultimately tipped the scale, the patent filed by Google was denied in 2018.

However, this is not the end of the story, nor is it a happy ending to the story. In March 2021, the US Patent Office published a public note that Microsoft filed for patent for ANS. Confusing and contradictory information on the patent was available for the next several months, with some notes indicating that the patent was denied while others suggesting that the case was still active. Finally, in January 2022, Dr. Duda found out that the patent was granted. It turns out that the patent was indeed initially denied. However, the Microsoft engineers went back to work, added a few lines of code, that is, they developed an idea further, and filed for a patent again. This time it was granted. The Microsoft application did not mention Dr. Duda’s name. His name was the first on the list of publications associated with ANS. But the patent went to Microsoft. This is completely above board and a somewhat common practice. Companies can say that they are following in the footsteps of a specific inventor and dutifully list his/her works. Then, they can claim his/or her inventions largely with impunity. In the clash between David and Goliath, Goliath has won. This is how the system is set up.

Mr. Halbersztadt and a group of enthusiastic supporters of Dr. Duda asked the Ministry of Development and Technology to intervene and compel the Polish Patent Office to provide substantive, legal, and financial support to the Jagiellonian University and Jarosław Duda for submitting an application to invalidate the Microsoft patent. The response came in September 2022 and stated that neither the Polish Patent Office nor its experts could provide any assistance since the patent was filed with the US Patent Office. Dr. Duda was advised to find a personal attorney to represent him. This was an extremely disappointing position for the Polish Patent Office, which should be interested in defending Polish inventions and Polish inventors.

When the Polish Patent Office refused to be involved, Ms. Anna Korbela from AAK Law and Patent Office in Czestochowa, Poland, stepped in. She had completed three apprenticeships as a judge, legal advisor, and a patent advocate, and she represents clients from around the world including Saudi Arabia, India, Japan, Tadzhikistan, Australia, Nigeria, Bulgaria, and the US. She was ready to offer her services pro bono. However, there are costs involved which cannot be waived. Dr. Duda needs to cover costs of the invalidation process to the American Patent and Trademark Office in the California branch in Silicon Valley, and he has to be represented by an attorney with appropriate authorizations who will not work for free. For the process to succeed, Dr. Duda and his supporters need financial support. It is still an open question whether they can succeed.

Asked why he didn’t try to patent his invention initially, Dr. Duda says that he intended for it to be owned by the open-source software community and did not see the need to patent it, which would have limited its accessibility. Now that the patent has been pursued and obtained by a commercial entity, he feels betrayed.

Ultimately, this story illustrates not only the way the knowledge economy is currently practiced, but also how the Polish educational system, and the Polish state, which has been freed from the shackles of state planning, is not prepared to engage with the realities of this economy. If Poland is to compete on the world stage in terms of inventions and technological breakthroughs, it has to develop institutions and strategies to protect the intellectual property of her most talented citizens. We can, and perhaps should, mourn the passing of a generosity of mind and spirit that motivate the sharing inventions with all humanity. We can also lobby for a change in practices. But Poland also needs to develop effective ways of asserting her role in the knowledge economy

This article was written by Margaret Niznikiewicz and was based entirely on the article published in Wirtualna Polska by its reporter, Anna Åšmigulec.