From: Chris Crayton (ccrayton@bellsouth.net)
Date: Tue Sep 15 1998 - 20:27:05 MDT
At 02:01 PM 9/14/98 -0400, you wrote:
(massive snippage)
>Depends on whether you have a design or concept patent.
Software patents in general are rather strange. Until not long ago the PTO
would not accept patents on software, on that grounds that software was an
expression of an algorithm, which fell under the mathematical formulae
restrictions. They have allowed patents on the grounds that they describe
using a computer to carry out a process. Software then, under this
expanded definition, falls under process patents.
There are companies that hold patents on things like "Using a computer to
perform automatic color separations" that have been issued and are in
force. The patent covers the process of using the computer to do color
separations, which pretty much covers any program that performs them.
I do have to say that so far the track record of these patents in court
hasn't been very good. The Compton's patent was thrown out after a
successful suit by other companies with similar products.
What it boils down to is that I'm one of those old-fashioned types that
thinks that information wants to be free, and should belong to those who
can make good use of it. Unrealistic? Maybe, but we sure had better
software in the days when companies competed on merit, not for
"intellectual property."
Cheers!
Chris
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