decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

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.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Math describing vs. Math BEING the invention | 277 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
so is everything else
Authored by: Anonymous on Wednesday, October 10 2012 @ 03:42 AM EDT
There is no physical component to software. The mathematical logic of a
computer's instruction set is dependent upon neither the physical composition of
the "machine" nor the nature of the signals being represented within
it.

A computer program does not care if the 1's and 0's of the computer's physical
manifestation are voltages, magnetic fields, air pressure, water flow, or war
widows holding pieces of paper.

[ Reply to This | Parent | # ]

NO.
Authored by: jesse on Wednesday, October 10 2012 @ 07:55 AM EDT
<blockquote>
The operation of any machine one could invent comes down to
the physics and math that govern its behaviour.
</blockquote>

Started off ok... but as soon as you threw math into it your sentence became
meaningless.

Math cannot govern. It can describe. The cog wheel is a physical object. No math
about it. Physics, yes. It has mass, physical structure.

But no math.

[ Reply to This | Parent | # ]

Math describing vs. Math BEING the invention
Authored by: Jim Olsen on Wednesday, October 10 2012 @ 10:21 AM EDT

While "it's all math", it's math in different ways.

When one claims an invention in electronics, say in a computer that's making a calculation, the electronic components operate in ways that can be precisely described by mathematical formulae. However, the actual operation is due to physical movement of electrons and variations in electromagnetic fields. The math is a model of this, but the model is not the reality.

When one claims an invention in a computer making a particular calculation, the math IS the reality. The electrons and electromagnetic fields are still doing their jobs, but the way they operate is in no way fundamental to the calculation. Therefore, an invention that can be implemented on a general-purpose computer is pure mathematics and should not be patentable.

---
Jim ---

Success in crime always invites to worse deeds. - Lord Coke

[ Reply to This | Parent | # ]

so is everything else
Authored by: Anonymous on Wednesday, October 10 2012 @ 10:30 AM EDT
The processor itself is a physical thing that has a multitude of applied
patentable ideas embedded in it. It's purpose is to interpret (or execute if you
prefer) a codified set of instructions given to it by it's supporting
infrastructure. The code it allows these instructions to be written in is
extremely simple and consists of elementary mathematics and logic.

The set of codified instructions is what we call software and is by definition
the "data" that acts as the input to the processor causing it to
generate, in the absense of external inputs, wholly predictable output. I'm not
saying this prediction is easy...

So the processor can only do simple maths and the input data describes the way
in which we wish it to do complex things by multiple repetition of this simple
maths. Everything it does is, however, exactly that - multiple repetitions of
simple maths.

Any combination of simple maths is more maths. And in fact any maths is a
combination of simple maths - even if sometimes the underlying simple maths is
rather well hidden.

This is not patentable by definition of patentable.

jrw

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )