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Anti-software-patent argument | 245 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Anti-software-patent argument
Authored by: Anonymous on Thursday, May 16 2013 @ 04:56 PM EDT
I have a telephone. To quote a chief justice, when you don't type a phone number
in, it calls nothing but static.

So....if I type a number in, I have a new machine--a device, which, unlike all
the other phone devices on file in the patent office, will call my mother. I
should patent this and collect royalties from my sisters, right?

Otherwise, "the telephone network would fall from the sky in wrack and
ruin."

[ Reply to This | Parent | # ]

Horse Manure
Authored by: Anonymous on Thursday, May 16 2013 @ 08:06 PM EDT

Here's a single memory location. It stores 1 or 0. It has a physical location on a physical chip, where it consists of a series of silicon structures. Those structures are patented, which is a perfectly appropriate hardware patent.

It is only patentable if the device passes the tests set forward under sections 102 and 103, otherwise it isn't patentable. Most if not all hardware devices are unable to pass the tests of sections 102 and 103.

See KSR v. Teleflex for an example.

Wayne
http://madhatter.ca

[ Reply to This | Parent | # ]

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