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The act says that a machine is not a process | 756 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
No you are besides the point.
Authored by: PolR on Thursday, July 19 2012 @ 04:53 PM EDT
The argument is not about whether software is patentable as a process. It is
about whether a new machine is made.

Process patents are not the topic of this article.

[ Reply to This | Parent | # ]

Except
Authored by: Anonymous on Thursday, July 19 2012 @ 06:57 PM EDT
Running software on a machine specifically designed to run software is not a
"new use" no matter what it does.

This is the same misdirection as all those who thought Amazon's one-click patent
was a good thing... take a process that has existed for ages, then claim it's
new just because it uses a computer or the web.

[ Reply to This | Parent | # ]

The act says that a machine is not a process
Authored by: Ian Al on Friday, July 20 2012 @ 02:12 PM EDT
It does say that a process can be an improved way of using an existing machine.

'(b) The term "process" means process, art, or method, and includes a
new use of a known process, machine,, manufacture, composition of matter, or
material.'

I see nothing in the act that says that a machine can be patented which is
identical to an old machine, because it is used in a new way.



---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | Parent | # ]

It's not a new use. It's the intended use of the machine.
Authored by: Anonymous on Friday, July 20 2012 @ 06:15 PM EDT
The use for which the computer is sold. That use is "run arbitrary
programs".

Different if you're buying an XBox and using it to do scientific computation;
that would be a new use of an old machine, arguably. But if you're buying a PC,
running any program on it is *the intended use for which it is sold*; it is not
a new use.

[ Reply to This | Parent | # ]

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