[net.legal] Patentability

lied@ihlts.UUCP (Bob Lied) (07/22/85)

>> I'm no lawyer, but from my reading of general articles on patent law,
>> an algorithm is one of the things that specifically CAN'T be patented.

> I'm no lawyer either but a patent attorney told me that algorithms are
> not patentable. In fact only firmware that is tightly bound to patentable
> hardware will even be considered.

We were talking to a patent attorney a couple of weeks ago, and he explained
briefly what is patentable.  Pure software is very definitely patentable;
however, the people who make the patent decisions are usually not software
types, so it's easier to convince them if the patent has pictures of
physical objects.  From a booklet on patent law, (written in 1981):

   Scientific theories, mathematical formulas and laws of nature in the
   abstract are not patentable, even though they might also be thought of
   as processes.  However, inventions which take advantage of these may
   be patentable.

   As a result of a decision of the U.S. Supreme Court in March 1981,
   virtually all software and firmware inventions are patentable subject
   matter.

I think the first quote is right -- algorithms are "mathematical formulas"
that can't be patented -- but any implementation in software probably stands
a chance as "inventions which take advantage."  The patent would probably
fail on grounds of prior art, though, since the algorithm is often well known
before an implementation in software can be submitted for a patent.

Oh yeah.  I'm no lawyer either.  And wouldn't admit it if I was.

	Bob Lied	ihnp4!ihlts!lied

Disclaimer:  The statements above are mostly my opinion; any resemblance
to truth or corporate policy is purely unintentional.