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Process that does something never done and wasn't obvious | 1347 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
All software patents are pure math
Authored by: Anonymous on Monday, June 11 2012 @ 04:22 PM EDT
> Well, I agree as to algorithm. But I'm not interested in
> theory. I'm interested in whether there is a thing or a
> process that does something that was never done before, and
> was not obvious to do.

Shouldn't you add "and whose disclosure warrants the cost of granting a 20
year monopoly" on the method to the inventor (or whomever she sells the
monopoly to in the future).

It has to be not only novel and non-obvious, but useful and unlikely to come
about otherwise during the period of the patent.

[ Reply to This | Parent | # ]

Process that does something never done and wasn't obvious
Authored by: Anonymous on Monday, June 11 2012 @ 05:06 PM EDT

I present E=MC2 as prime exhibit A.

The proof of it was never done before, and it certainly wasn't too obvious even to experts in the given field.

However, the point I'm making is: before one can discuss the limitations of an applied patent, one must first discuss whether particular subject matter is even patentable.

To suggest software as applied to a computer is patentable subject matter is to suggest "entering 1+1= into a calculator" is patentable subject matter.

Do you really believe "entering 1+1= into a calculator" should be patentable subject matter? Forget that such a basic calculation should obviously fail if it is patentable subject matter.

Do you believe a process outlined as "entering 1+1= into a calculator" should be patentable subject matter and why?

After all... what's the difference between "entering the proof of E=MC2 into a computer" vs "entering the proof of E=MC2 into a calculator"?

RAS

[ Reply to This | Parent | # ]

All software patents are pure math
Authored by: HP on Monday, June 11 2012 @ 06:35 PM EDT
I'm interested in whether there is a thing or a process that does something that was never done before, and was not obvious to do.
Definition of Process from www.businessdictionary.com:
Sequence of interdependent and linked procedures which, at every stage, consume one or more resources (employee time, energy, machines, money) to convert inputs (data, material, parts, etc.) into outputs. These outputs then serve as inputs for the next stage until a known goal or end result is reached.

I'm curious how software fits into the definition of processes (eg. software does not consume resources).
The term obvious by far can't be defined as thoroughly as processes. This opens the door to arbitrariness in evaluation of software patent validity.

---
hp

[ Reply to This | Parent | # ]

All software patents are pure math
Authored by: Anonymous on Tuesday, June 12 2012 @ 12:02 PM EDT
This is inconsistent with your previous statement, where you
said "algorithms are not patentable."

[ Reply to This | Parent | # ]

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