No, I think "microcode" should be patentable "as part of the
CPU" and that "a machine that happens to contain e.g. an FPGA
image" should be patentable as part of that machine.
Note, if you read the implications, that a general purpose computer running the
logic of that FPGA image or CPU microcode (at a level other than "as part
of the CPU") [quote] can not, as a matter of law, be infringing on the
patent [unquote].
That is, the machine parts, as part of the machine, can be patent worthy while
in all other contexts its not a machine part so it would then be a-priori
released of the encumbrance.
Note also that this would allow the "DVD" patents and what not to work
as part of the DVD player, but not as part of the operating system. (e.g. you
could have a player media interlock, but not up through the operating system,
etc.)
The idea is actually crafted at some length.
While far from perfect, since no law is ever that, this law would cut the heart
out of the software patent beast. It would also undo most of the existing damage
all at once.[ Reply to This | Parent | # ]
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