Bar code patents thrown out

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Not *exactly* true...

This ruling does not, on its face, invalidate all software patents. The requirement is that the inventor include "a written description of the invention, and the manner and process of making and using it, in such full, clear, concise and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention."

For a software patent, this could easily be read as source code in a well-defined programming language (language, version, compiler, etc.). For real purists, they could use Algol. The patent would cover the "process" and not just the specific application of it shown in the patent's written description. That is, just because the patent application shows its source code in ANSI C, it would still cover someone using the same algorithm in Java, Visual C++, Commodore BASIC v7, or any other language.

However, simply adding the requirement of posession (i.e., source code) would be a VAST improvement over our current system.

Any current patent that needs to have its description updated to match this requirement would "start over," meaning there would be able opportunity for others in the industry to demonstrate prior art. Of course, the courts could issue a blanket amnesty to current patent holders provided they meet the description requirement in a reasonable time.

Posted by: Frank MacCrory   Posted on: 01/28/04 You are currently: a Guest | Members login | Terms of Use

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