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Authored by: Ian Al on Monday, October 15 2012 @ 08:37 AM EDT |
They do not patent software. They patent the functions that software can be used
carry out.
From Fonar v. GE: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. Stating the functions of the
best mode software satisfies that description test.
We have so held
previously and we so hold today.
The lawyers have taken this to
heart for years. They generously assert that the software is always just the
best mode of carrying out an invention and that all they have to do is patent
the functions of the invention rather than the software functions of the source
code or machine code.
They don't care about the software, the
processor, the software language, the operating system, whether the computer has
a sound card, or if the computer case is painted black.
As I always say
'It's the disclosed functions in the patent, stupid!'--- Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid! [ Reply to This | Parent | # ]
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