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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Read: Longer than the longest human lifetime. | 267 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Read: Longer than the longest human lifetime.
Authored by: Tolerance on Saturday, February 09 2013 @ 04:50 PM EST
You ask, "How are you going to determine how long it would
have taken a person to accomplish a task?"

I don't have to. The principle in question says that if a
calculation can be made by a human brain, it's not
patentable. Since no-one can be sure how long an individual
will live (yet, expect a patentable technique one day) the
proper upper bound is the longest human lifespan on record,
say 126 years. And that, I predict, is how a court would
construe the principle as applied to a particular
calculation.

Not the underlying formula, which would remain unpatentable.

That should also illuminate your other point: "... what if
the formula is extremely simple (like the formula for
Mersenne primes), but very repetitive and thus takes a long
time to get results?"

The answer would be that the formula would not be
patentable, but any method for calculating a particular case
which would take longer than the longest human lifespan,
would be patentable.

Please see the "other comments" that you mention for some
elaboration.


---
Grumpy old man

[ Reply to This | Parent | # ]

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