|Authored by: PolR on Friday, March 15 2013 @ 03:16 PM EDT|
|Close but not quite. It depends what you mean by computer output.|
Let's take your golf club example. Suppose you use a computer to control a
machine that makes golf clubs. The referent is the golf clubs. The interpretant
is what people will think when they read the data about golf clubs.
Suppose a patent covers a method for making golf clubs. Does include the steps
of actually making the golf club? If the answer is yes the referent is included.
You may have a patentable process for making golf clubs.
But suppose the patent doesn't include that step. Then the referent is not
included. The meaning of data is only interpretants in this patent. Then the
next question is whether there is something new and nonobvious outside of the
interpretants. If the answer is no, then this is a patent on an abstract idea.
The invention is the abstract software. If the patent claim some unrelated stuff
like the computer and the machine tool this doesn't save the patent because none
of that is new and nonobvious.
But suppose the machine tool is new and nonobvious. Then the patent is saved.
You can patent a new machine tool with an embedded computer and a software
component. The key is that the interpretants cannot be the only things that are
new and nonobvious.
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|Authored by: Anonymous on Tuesday, March 19 2013 @ 10:35 AM EDT|
|35 U.S.C. 101 Inventions patentable. - Patent Laws|
35 U.S.C. 101 Inventions patentable.
Whoever invents or discovers any new and useful process, machine, manufacture,
or composition of matter, or any new and useful improvement thereof, may obtain
a patent therefor, subject to the conditions and requirements of this title.
35 U.S.C. 100 Definitions. - Patent Laws
35 U.S.C. 100 Definitions.
When used in this title unless the context otherwise indicates -
(a) The term "invention" means invention or discovery.
(b) The term "process" means process, art, or method, and includes a
new use of a known process, machine, manufacture, composition of matter, or
(c) The terms "United States" and "this country" mean the
United States of America, its territories and possessions.
(d) The word "patentee" includes not only the patentee to whom the
patent was issued but also the successors in title to the patentee.
(e) The term "third-party requester" means a person requesting ex
parte reexamination under section 302 or inter partes reexamination under
section 311 who is not the patent owner.
What the computer does to design the golf club is carry out a process or a
method. Processes and methods fall under a category of patentable inventions.
Accordingly, the process by which the golf club is designed or built (in your
example) could be patented, if it is new and not obvious and the patent
application meets other requirements.
Also, improvements to machines are patentable. To the extent that installing
software in or allowing the machine to run software that enables the machine to
carry out its potential to design or build the golf club, the machine is
improved and that improvement is patentable.
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