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| Authored by: Anonymous on Sunday, February 10 2013 @ 04:30 PM EST |
I don't disagree exactly, but you're missing something.
"... you are saying that complex abstract concepts are
patentable."
Yes, because US law allows for 'process patent' claims which
are already abstract and may be complex. What I was saying
was that in the US, being abstract doesn't prohibit a
process (such as an algorithm) being patented.
Complexity is irrelevant to abstraction. But there is a rule
from SCOTUS which says that if a process can be performed by
a human mind, it can't be patented. Some processes are too
complex for that, so a patent may issue.
"If true, then why stop at computers? Why not make any
abstract concept patentable if it will take more than a
human lifetime to use? ... I prefer to stick to the
principle that abstract = not patentable."
I'd like that. But it's not the law. Abstract concepts are
already patentable by default. They are called 'process
patents', peculiar to US law.
Being abstract, then, isn't preventing processes in general,
and algorithms in particular, from being patentable. SCOTUS
rules are instead (a) the 'human mind' test, and (b) the
'law of nature test'.
As far as I can tell the consensus is that algorithms are
not laws of nature (fortunately, so far SCOTUS has not
caught on). And if it can be shown that a particular
algorithm won't run to completion before its mind substrate
dies, that algorithm will also pass the 'no human mind'
criterion.
You also, in passing, raise the very important point that
software is also protected by copyright. Until recently it
was settled law that you could not have both protections.
But the constitution's copyright clause doesn't actually say
that, and the rule is now a dead letter.
[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Monday, February 11 2013 @ 04:13 AM EST |
<p>
<blockquote >
How do you determine how long a problem takes to calculate?
</blockquote >
I would think that that is an impossible question to answer: if you can
determine how long any problem will take you have solved the halting problem
which is known to be impossible. <p>
To determine how long a problem takes to calculate first requires that you will
know whether the calculation will finish or not; if you know the calculation
will never finish you know the calculation will take infinite time, but if you
know it finishes you can then guestimate/calculate how long the calculation will
take. [ Reply to This | Parent | # ]
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