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| Authored by: Anonymous on Thursday, November 29 2012 @ 05:38 PM EST |
Just looking at the first one due to the lack of time, patent 4122440, you will
notice that it only has apparatus claims. Therefore, the only way someone can
infringe this patent is if they have an apparatus (a device). So you can think
about any mathematical idea embodied in the apparatus, or use a pencil and paper
to carry out any of that math, and not worry about infringing this patent.
If you look at my original post, then you will see that this was my position.
That said, this patent is definitely one of the edge cases that I referred to in
one of my other posts here. If it could be argued that the only application of
the equations implemented in the software were such a device, then it would
likely be invalid as directed to non-statutory subject matter. Back in 1981, the
supreme court clarified this position in Diamond v. Diehr, 450 U.S. 175 (1981).
That was over thirty years ago, but after this patent issued. There have been
several cases with similar holdings since then and recently.
All patents prevent people from doing whatever the patents claim and hence
"stifle innovation" as you say. However, all governments in pretty
much every country of the world still have decided to grant patents. Why would
they all be so stupid, then? Because the flip side of this is that people make
investments to develop new technology if they can get patents on the new
technology, but often times not otherwise.
Some of you strongly disagree with this premise. As I said, that may be a
legitimate position despite all of the governments on earth disagreeing with
you. However, there is no patent in the US that will effectively prevent any of
you from thinking whatever you want today. Period. Relax.
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