This is a situation like a patent on a printing press. A new
printing press is patentable but the printed contents is not. Similarly if an
engineer invents a device for moving symbols from one place to another this
device is patentable as long as he doesn't patent the symbols being
transmitted.
Whoever said printed matter was
not
patentable subject matter?
I believe practical utility does
not distinguish contents from
patentable invention. For example, a phone book
is useful. A video of a
leaking underwater oil well is useful. There is a lot
of work in obtaining these
contents. It is not easy to collect the data and
ensuring it is correct. What
distinguish these situations from an algorithm for
the optimal codes to be
transmitted over a channel? I say the claim must
include a distinguishing
element and this element can't be
utility.
Of course it has to include a distinguishing element.
The distinguishing
elements include novelty and non-obviousness. What
distinguishes your
examples from mine is that there is no known way of
determining an
"optimal" code for transmission over a channel, thus, invention
is required to
invent useful codes. But anyone with ordinary skill in the art
can compile a
phone book, so if there is any distinguishing element, it can be
found outside
of defining a class of unpatentable subject matter and thus
doesn't require a
special court-devised exception to the patentable subject
matter list of
section 101.
I'll leave you to distinguish (or not) the
example about the video
of the leaking oil well, because I don't understand the
point of that example.
But, the weekend is over for me, and I have to get back
to working long hours
again.
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