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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Does Programming a Computer Make A New Machine?~By PolR | 756 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Does Programming a Computer Make A New Machine?~By PolR
Authored by: PolR on Thursday, July 19 2012 @ 03:53 PM EDT
Might it be ok if software was considered to be making a new, specific machine, as long as one had to patent the details of that machine?
No this still doesn't make a new machine. The software is always input to a known pre-existing algorithm. Supplying input doesn't make a machine.

Also read the part about computers being unable to process meanings and what this does to what is the function of a computer.

[ Reply to This | Parent | # ]

What's the purpose of a patent again?
Authored by: Anonymous on Thursday, July 19 2012 @ 04:19 PM EDT

Oh yea: to disclose the invention to the public!

Many companies would avoid patenting their true secret sauce because they would have to provide too many details.
That's the choice companies are supposed to make. Either they protect their invention as a trade secret or they get it patented. It's not supposed to be both.

Title 35, Section 101:

may obtain a patent therefor, subject to the conditions and requirements of this title
Section 112 (one of the requirements):
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Sorry to burst your bubble, but if the company wants to keep their secret sauce a secret, acquiring a patent is the exact opposite of what they want because they are required - by Patent Law - to disclose the secret sauce so others can make it.

Any Lawyer that helps a company keep their secret sauce secret as well obtain a patent on it is - in my humble non legal opinion - egaging in Legal Fraud against the Public.

RAS

[ Reply to This | Parent | # ]

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