Timothy B. Lee (Disruptive Economics) raises a cardinal question at Forbes in The Federal Circuit, Not the Supreme Court, Legalized Software Patents.
Has the Supreme Court of the United States ever said specifically that software code is patentable? We agree with Lee, not really.
Software code consists primarily of mathematics such as the simple formula,
"if n=1 then go to 2".
Of course, it can get much more complicated than that, but the basic mathematical foundation remains.
The idea that software code itself can be a patentable "discovery" or "invention" probably arose in the minds of people who have never programmed a line of code themselves.
Software code is a mathematical language that is ultimately used to instruct hardware, things like printers and screen displays. Many greatly differing software programs could use the line: ""if n=1 then go to 2". The commands are themselves never the invention or the discovery, but rather what is done by the software should be the invention or the discovery, and that narrows the patent field down enormously, since most so-called "software patents" are erroneously issued for nothing else than the application of digital technology to previously made discoveries and inventions, i.e. obvious prior art. No patents should be issued for that.
Hat tip to How Appealing.
Wednesday, October 10, 2012
Most Popular Posts All Time
- Fourth European Forum for In-House Counsel : 23-24 April 2009 Brussels : Academy of European Law : European Company Lawyers Association (ECLA/AEJE)
- CarTrawler : An Alleged Car Rental Service to AVOID : CarTrawler is NOT a Full Car Rental Company and Potentially a Scam Costing YOUR money : Updated!
- Germany in the News: Is the German Image Shown by the Press during the Financial Crisis Accurate? 180th Edition of Blawg Review Reposted Here Shows German Americans are the LARGEST Acknowledged Ancestry Group in America
- 2010 Eurovision Song Contest, Oslo, Norway: Geographic Map of Finalists Reveals Clear Pattern : plus Betting Odds and Comments Going into the Finals
- Google Nexus 7 Tablet First Device With Android 4.1 aka Jelly Bean Built by Asus to Sell for $199 (8GB) or $249 (16GB) - Video
- A Europe of Open Borders as Schengen Zone Expands
- GDP Growth in the EU : Latvia Leads the European Union (EU) in the Dynamics of Economies of the Member States
- The Court of Justice of the European Union (ECJ): The Court of Justice and the General Court plus the Specialized Panels: Getting the Names Right after the Lisbon Treaty
- Update to Previous CarTrawler Posting
- Map of the 28 Member States of the European Union (EU)
Our Websites and Blogs
Our Websites and Blogs: 3D Printing and More 99 is not 100 Aabecis AK Photo Blog Ancient Egypt Weblog Ancient Signs (the book) Ancient World Blog AndisKaulins.com Anthropomorphic Design Archaeology Travel Photos (blog) Archaeology Travel Photos (Flickr) Archaeo Pundit Arts Pundit Astrology and Birth Baltic Coachman Bible Pundit Biotechnology Pundit Book Pundit Chronology of the Ancient World Computer Pundit DVD Pundit Easter Island Script Echolat edu.edu Einstein’s Voice Energy Environment and Climate Blog Etruscan Bronze Liver of Piacenza EU Laws EU Legal EU Pundit FaceBook Pundit Gadget Pundit Garden Pundit Golf Pundit Google Pundit Gourmet Pundit Hand Proof HousePundit Human Migrations Idea Pundit Illyrian Language Indus Valley Script Infinity One : The Secret of the First Disk (the game) Jostandis Journal Pundit Kaulins Genealogy Blog Kaulinsium Kiel & Kieler Latvian Blog LawPundit.com Law Pundit Blog LexiLine.com LexiLine Group Lexiline Journal Library Pundit Lingwhizt LinkedIn Literary Pundit Magnifichess Make it Music Maps and Cartography Megalithic World Megaliths Blog) Megaliths.net Minoan Culture Mutatis Mutandis Nanotech Pundit Nostratic Languages Official Pundit Phaistos Disc Pharaonic Hieroglyphs Photo Blog of the World Pinterest Prehistoric Art Pundit Private Wealth Blog PunditMania Quanticalian Quick to Travel Quill Pundit Road Pundit Shelfari SlideShare (akaulins) Sport Pundit Star Pundit Stars Stones and Scholars (blog) Stars Stones and Scholars (book) Stonehenge Pundit The Enchanted Glass Twitter Pundit UbiquitousPundit Vision of Change VoicePundit WatchPundit Wine Pundit Word Pundit xistmz YahooPundit zistmz