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
"A process". | 758 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
"A process".
Authored by: Anonymous on Tuesday, October 16 2012 @ 05:17 PM EDT
The execution of software certainly is "a process". The process is
the instruction loop, and the hardware which executes it was invented decades
ago.

Different software is just different input to this same, universal RASP
algorithm (the instruction loop). Why should that ever deserve a patent? It
shouldn't. It's exactly the same as patenting "using a calculator to
evalaute this specific math formula", and thereby preventing anybody from
using the math formula without paying your patent tax. Its disgusting.

Any patent on "using certain software on a general purpose computer"
(of which there are many thousands) is GARBAGE and should never have been
granted. That's what we are complaining about when we complain about software
patents. They are vague, useless and they use sophistry to pretend they are
claiming a "specific machine" which is really just "any use of
this software on a general purpose computer to accomplish a certain
function". That's way too broad to deserve monopoly protection, and the
past two decades of allowing it have caused increasing waste and friction from
patent trolls and even legitimate companies suing each other or extracting
patent rents from each other.

Its all a giant waste that profits nobody except the lawyers (and some big
companies who can use it to squash their smaller competitors, even though they
have to put up with being patent-trolled and so on).

[ Reply to This | Parent | # ]

Why software processes are not patentable subject matter according to U.S.C. 35 ยง 101
Authored by: Ian Al on Wednesday, October 17 2012 @ 06:05 AM EDT
Start with the paragraph beginning 'The functions of software ' if you don't also want to know why patenting the functions of software is illegal.

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

[ 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 )