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Is that what Patent Law should be? | 545 comments | Create New Account
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Is that what Patent Law should be?
Authored by: Anonymous on Saturday, June 15 2013 @ 12:58 PM EDT

Of course, that's not what Patent Law is today - but is that where Patent Law should be?

Sounds like of the four attributes that allow patentability:

    process
    machine
    manufacture
    compos ition of matter
You view only "process" should be a requirement for patentability.

Ergo - the process of making the mousetrap would be patented - but not the mousetrap itself.

Once a patent is applied to "attach a to b with screw" - even if one created the computer - they couldn't patent that part of the creation of the computer.

And - of course - one couldn't get a patent on the computer itself.

But then - all that had come before (such as the replacement of the diode with the transistor) would have been covered by the associating patent at the new step.

Simply putting all the existing components together into the form of the computer would be well known processes.... all you need do is consider the components of the first vacuum tube computer relative to the tv's being made at the time. The only real difference is volume of particular components and patterns of assembly.

Interesting position of where Patent Law should be.

That's along the lines of whether I agree or not with the complete absolution of the patent system. It'll require a lot more thought and consideration on my part to understand the ramifications better before I take a position on them.

RAS

[ Reply to This | Parent | # ]

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