|
|
|
| Authored by: Anonymous on Friday, May 10 2013 @ 09:50 PM EDT |
A claim in an application provides for a better method of washing
clothes when using an existing
washing machine. That method is implemented
through a computer program on a computer chip that is inserted into
the washing
machine. The computer program controls the operation of the washing machine. The
washing machine is
not materially altered in any way to perform the
invention.
The Commissioner considers that the actual contribution is a new
and improved way of operating a washing
machine that gets clothes cleaner and
uses less electricity.
While the only thing that is different about the
washing machine is the computer program, the actual contribution
lies in the
way in which the washing machine works (rather than in the computer program per
se). The computer
program is only the way in which that new method, with its
resulting contribution, is implemented.
The actual contribution does not lie
solely in it being a computer program. Accordingly, the claim involves an
invention that may be patented (namely, the washing machine when using the new
method of washing clothes).
House of Representatives, Supplementary Order Paper, Tuesday, 14
May 2013, Patents Bill
This is what people were jumping up and down
about a day or two back claiming that New Zealand had decided to not
patent
software. I agree with you, it's still only math, but our legislators think if
it runs a washing machine (wing flap,
rubber curing plant) it's worthy of a
place as a claim in a patent.
[ Reply to This | Parent | # ]
|
- A serious answer - Authored by: Anonymous on Friday, May 10 2013 @ 10:03 PM EDT
- A serious answer - Authored by: Anonymous on Saturday, May 11 2013 @ 07:12 PM EDT
| |
| Authored by: Anonymous on Monday, May 13 2013 @ 01:29 PM EDT |
Correct. That was my point.
With the sensors and actuators (and a computer in the middle), you've got a
specific machine. Software may be an essential part of that machine, and the
whole machine may be patentable. That does not make the algorithms (which can
be simulated on any general-purpose computer) patentable by themselves, without
the specific machine.
Back to my specific example: A general-purpose computer can simulate running
the algorithm. But it can't fly the plane, because it doesn't have real-time
data coming from the sensors, and so it can't respond to the real-world
conditions that the plane is facing.
MSS2[ Reply to This | Parent | # ]
|
|
|
|
|
