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The first example is bad | 1347 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
So the math is NOT patented?
Authored by: jesse on Sunday, June 10 2012 @ 07:49 PM EDT
The structure of your example implies that it is a software patent.

If it is, then the mathematics is also patented, and cannot be used.

[ Reply to This | Parent | # ]

The first example is bad
Authored by: jvillain on Sunday, June 10 2012 @ 10:59 PM EDT
This should fail on obviousness. The only difference between this and doing some
thing like ALT+CTL+DEL is that you just don't lift your finger. The difference
between this and mouse gestures is nil though I admit that I don't know which
came first but I would guess mouse gestures.

The fact that every one and their monkey was able to quickly copy it shows that
it was trivial. The break through was the hardware device that was able to give
you the position of the finger at any position. Not the software implementation.

[ Reply to This | Parent | # ]

The first example is bad
Authored by: drakaan on Monday, June 11 2012 @ 10:25 AM EDT

I don't think that whether this applies to a discrete problem is the issue with this patent. Yes, this is implemented in software (since the claim does not describe a new invention/machine, but rather a set of algorithms for processing a set of numbers (input from the screen)).

In *this* example, it's not patentable because there it fails the transformation test. We don't have any identifiable new invention that is a machine or transforms anything. There is hardware that transforms things (changes bits from zero to one, polarizes lcd pixels, turns pressure on a touchscreen into a digital signal, etc), but the software just provides rules for altering the numbers represented by those digital signals.

The machine-or-transformation test is a pretty tough one to leap over if you're talking about a software patent, and unless there's a new machine (physical thing), it's not a hardware patent.

---
'Murphy was an optimist'
-O'Toole's Commentary on Murphy's Law

[ Reply to This | Parent | # ]

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