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| Authored by: jonathon on Thursday, February 07 2013 @ 10:16 PM EST |
If the software patent was not issued to Apple, nor to Microsoft, nor to a bona
fide patent trollop working for or on behalf of Microsoft, or a bona fide patent
troll working for or on behalf of Apple, the patent is invalid if it lacks a
specific algorithm.
If the software patent was issued to Microsoft, or to Apple, or to a bona fide
patent troll working for or on behalf of Microsoft, or a bona fide patent troll
working for or on behalf of Apple, the software patent is valid, regardless of
the presence or absence of algorithms.[ Reply to This | Parent | # ]
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- What? - Authored by: Anonymous on Friday, February 08 2013 @ 02:26 AM EST
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| Authored by: Anonymous on Friday, February 08 2013 @ 10:12 AM EST |
| So a software patent must disclose an algorithm? Does that not invalidate
the
vast majority of software patents that are currently in existence? If
this
stands up on appeal (hopefully to the supreme court), this would be a very
very
good thing for the industry as a whole. Or am I reading this
wrong?
Any patent must give enough information so that someone of
ordinary
knowledge in the area can reproduce the invention. If the patent said
"sort the
list of buyers, and sort the list of sellers", someone with ordinary
knowledge can
do that. If the patent says "order the list of buyers in the
right order to make the
invention work, by writing some software to do it",
then I can't write that
software without inventing myself exactly what the
patent is supposed to tell me.
That wouldn't be restricted to software
patents. If I try to get a patent for making
better steel and the patent says
"heat it up to exactly the right temperature, and
then cool it to the exact
right temperature over the right time", then I cannot
reproduce this and the
patent should be invalid unless it tells what the exact
right temperatures are.
[ Reply to This | Parent | # ]
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- method and means - Authored by: Anonymous on Friday, February 08 2013 @ 11:27 AM EST
- Silver lining? - Authored by: Anonymous on Friday, February 08 2013 @ 12:53 PM EST
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| Authored by: designerfx on Friday, February 08 2013 @ 04:40 PM EST |
| that's the point. software, if it is math, is not patentable. [ Reply to This | Parent | # ]
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- yes or no? - Authored by: Anonymous on Friday, February 08 2013 @ 08:31 PM EST
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