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Using a machine in a new way applies to process patents. | 756 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Using a machine in a new way applies to process patents.
Authored by: Ian Al on Saturday, July 21 2012 @ 03:47 AM EDT
Using your computer in a novel and useful way might get you a process patent. Using voice recognition on a computer is not an improvement to the computer but a process run by the computer.

The law you selectively quote can be accurately rewritten as;
Whoever invents or discovers any new and useful process, or machine, or manufacture, or composition of matter, or any new and useful improvement of a process, or machine, or manufacture, or composition of matter, may obtain a patent therefore, subject to the conditions and requirements of this title.
Section 100 includes the definition of a process using a machine in a novel and useful way.
35 U.S.C. 100 Definitions.

When used in this title unless the context otherwise indicates -

(a) The term "invention" means invention or discovery.

(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.
Putting new and useful software on a computer enables you to use the computer for new and useful processes. That may improve the value of the computer to you, but it does not transform an old computer into a newly patentable machine.

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

[ Reply to This | Parent | # ]

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