Unfortunately, the courts and the USPTO confirmed that a machine and method
patent held by Oracle (about when a software writer chooses to resolve a label
identifying executable code) is valid,
Of course, it was narrowed to
the resolving of virtual machine instruction code labels when the 'executable'
file only contained the labels in text form and not the numeric instruction code
or the hardware processor instruction blocks that do the virtual machine
execution.
Apparently, it was a stunningly novel invention to do it
when the program user decided to run the program, but boring old hat if the
programmer decided to do it when the program was installed rather than when it
was run. Did I mention that it was only protected if the computer was a mobile
phone?
The Fonar opinion said that: As a general rule,
where software constitutes part of a best mode of carrying out an invention,
description of such a best mode is satisfied by a disclosure of the functions of
the software. This is because, normally, writing code for such software is
within the skill of the art, not requiring undue experimentation, once its
functions have been disclosed.
It is well established that what is
within the skill of the art need not be disclosed to satisfy the best mode
requirement as long as that mode is described.
Oracle's stunning
invention of the software writer choosing to resolve labels just before running
a program was an exception to the rule. The spectacular invention was a new way
of writing code: it was all about the skill of the art (although I don't think
that the patent actually discloses the skill of the art. It restricts itself to
describing the functions. It should be invalid on those grounds, alone, if Fonar
is to be taken at all seriously).
The stunning invention was not even a
patent protectable function whereby software constitutes all of a
best mode of carrying out an invention. It was a patent on the method that
the software writer uses to write software that runs software in a virtual
machine. Well, not on the method. It is a patent on when in his overall program
he decides to use the method of resolving the text-based labels.
Of
course, the courts understand this stuff so well, but I am left confused.
Apparently, the patent not only protects the timing of the method used by the
software writer, it is also an infringing machine whenever the software writer
puts the software written using the protected timing of the method, on any
computer that is also a mobile phone.
I have to stop there: I am back
in my unhappy place.
of a best mode of carrying out an
invention --- Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid! [ Reply to This | Parent | # ]
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