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Worth thinking about "inventing around" as applied to software | 282 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Worth thinking about "inventing around" as applied to software
Authored by: macliam on Thursday, March 14 2013 @ 07:30 PM EDT
In order to connect to the network, the cell phone needs to convert an input
value to an output value. The relationship between input and output is not
arbitrary, but is determined by a mathematical relationship. Clearly the
simplest, most efficient and best way of doing this is to apply the mathematical
relationships and the tools provided by the underlying mathematics. But we
suppose that the patent claims have been drafted to ensure that all standard
ways of making the calculation infringe the patent. Maybe, after a lot of
effort, one could come up with an alternative way of converting input to output
by a far more complicated mathematical route that slowed down the conversion.
(Could one start by making a Fourier transform of the input bits, for example,
or some other transform?) The only advantage of the new method is that it
appears not to infringe the patent. In such a case "inventing
around" has taken place. But has the effort to do so given rise to new
and valuable innovation that benefits society, and that would have been lost to
society had the patent not been in place? Or has creative effort been
squandered on an objectively pointless exercise that could better have been
employed to improve the quality of the hardware, software and user experience?

[ Reply to This | Parent | # ]

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