I do not speak towards the patent eligibility of the use of a calculator as
part of a greater invention. I also do not speak to the patent eligibility of
the calculator itself. I only speak to the patent eligibility on the concept
"using the calculator".
This would be so much nicer with a small movie
clip of a basic calculator with the various buttons being pressed in the
sequence identified. A visual example is so much cleaner a concept for people
to grasp. And so much harder for someone with the motives to try and confuse
the issues of. But I will do my best to explain.
I do not explain
because I intend anyone insult of intelligence. I explain because I know there
will be those who try and argue to confuse the simplicity with what I'm about to
identify. If the clear simple explanation is in front of you, it will be far
easier to understand when someone is deliberately trying to confuse the issue
beyond what it is.
Math is not patent Eligible*! So let's
start with some useful math. Specifically, the formula to calculate simple
interest:
I=Prt
Every school student that completes math will likely
run into this formula sooner or later. I is the total interest. P is the
principle borrowed. r is the interest rate. t is the time frame that interest
is calculated on.
It is helpful when a person decides to get a loan paid
in full at the end of the loan period with an interest charge applied. You
apply for a $5,000 loan, at 5% per year, payable in full at the end of 5
years:
I = $5,000 * 5% * 5
Total interest =
$1,250
This is not patent eligible. To perform that calculation is not
patent eligible*. One could not - for example - file for a patent on
"using a paper and pencil, calculate simple interest with the formula I=Prt".
Well... one could.. but I would expect it to be rejected because it is not
patent eligible subject matter*.
So... does it suddenly become patent
eligible when applied to a real life scenario like an actual Loan instead of
make believe loan? I would say: If Congress or the Supremes think it does,
we're in deep trouble. Anyone that argues the function is "theory" and
therefore becomes "real" when you actually use it vs when you're just doing your
math homework I would suggest is being deceitful. I've given a very real
real-life example that anyone that has had a basic loan can relate to if they
wanted to calculate their own interest rates.
Point 1: Math and
the application of math (whether for a make believe loan or a real life loan) is
not patent eligible subject matter.*
To use a calculator I wouldn't be
surprised if most kids by grade 3 know. If you wish to add 1 and 1 to see the
result, you merely push the buttons: 1+1=
Is that act, that "process",
patent eligible subject matter? I would think not! I would hope that a
suggestion such as follows to either Congress or the Supremes is shot down in
flames:
You can legally acquire a patent protected pencil, but you can not
use it without a "user" license!
It seems to me that there is an inherent
license to use the moment you legally acquire a patented invention.* There's
possible direct wording in the Law on this point, but I can not
remember.
Point 2: To use a device for exactly what it was built
for is not eligible for patent protection.*
Part of the requirement in
order to receive a patent is that you must build something new. Not just use
something for what it was meant for. A patent was granted on the circuit. A
patent was granted on a robot that was built with parts which included a
circuit. Just because the robot included the circuit does not automatically
grant another patent on the circuit itself.* Ergo: Just because the invention
as a whole received a patent does not mean a part in the invention was eligible
for patent protection!
Point 3: A patent must be granted to
something new which is then disclosed to the public thereby increasing public
knowledge.*
So... Process:
Enter P (the principle - the amount
borrowed) * r (the interest rate to be calculated with each time unit) * t (the
number of time units in the life of the loan) on a calculator to produce the
total interest for the loan.
To simplify that process in an exact
example:
Press the buttons indicated as "5000*.05*5=" on a
calculator!
Since the math is not patent eligible (point 1) and the use of
an invention for exactly what it was built for is not patent eligible (point 2)
then what do we have left that might qualify for patent eligibility?
The
only thing that is left is the concept expressed as:
Enter formula X into
device!
This - ultimately - is the opposite of what the exchange of a
patent grant is supposed to be for. It does not create something new that is
then provided to the public. It therefore fails Point 3.
Instead: it
removes knowledge from the public:
The ability to enter any formula into a
calculator!
Conclusion: Entering a formula into a calculator should
be clearly established by Law as not being eligible for patent protection! It
does not matter if that formula is as simple as adding two numbers together or
as complex as E=MC2 - it is not patent eligible!
Hopefully I
didn't ramble too much and it's clear for everyone to see why entering a formula
(specific or not) into a calculator should never be considered patent eligible
subject matter.
*: my understanding of current Law.
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