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To patent or not patent?
Message
From
18/03/2005 09:57:30
Hilmar Zonneveld
Independent Consultant
Cochabamba, Bolivia
 
 
To
18/03/2005 09:42:21
General information
Forum:
Visual FoxPro
Category:
Other
Miscellaneous
Thread ID:
00997228
Message ID:
00997235
Views:
16
>Anybody here have experience in the patenting department?
>
>What is patentable? What is not? I mean in a patentable process is everything patented (the way things work, the look and feel...) or should different patents be applied to different aspects of what needs to be patented?
>
>Is it worth it to patent or is this only reserved to the big corporations because they're the only one to have the financial resources to fight for their rights?
>
>What are the positive and negative sides to such a process?
>
>Thank you for additional feedback on things I could've forgotten.

From "Patent, Copyright & Trademark":

'Patents don't issue on software itself, although they issue on inventions that use innovative software to produce a useful result - that is, "software-based" inventions.'


Algorithms themselves are difficult to patent, for the same reason as are the laws of Nature.

'[Nowadays, however] the PTO issues patents on the software if the patent application describes the software in relation to computer hardware and related devices, and limits the software to specific uses.'

...
'Despite the fact that software-based inventions may qualify for a patent, most do not because they are considered obvious ovewr the prior art, and must therefore be protected in another manner - usually under trade secret or copyright laws.'
Difference in opinions hath cost many millions of lives: for instance, whether flesh be bread, or bread be flesh; whether whistling be a vice or a virtue; whether it be better to kiss a post, or throw it into the fire... (from Gulliver's Travels)
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