[Patents] technical effects in computer software.

[Nick Fleming marmalade@x-stream.co.uk]

Dear All,
    As a computer programmer by trade, I am a little amused by
the term 'technical effect' that has been talked about recently.
While I am certain that Steve Probert knows a lot about
patents, after reading that he thinks a curry receipe is NOT a
computer program, (even meant as   joke) I think I should point
a few things out before everyone drifts too far into neverland.

    A curry receipe can be a computer program. If it is written in a
way that the computer can understand, and yes, this could be a plain text 
file,
or even an email, then it can be regarded as a computer program.

For instance:

   title:    "Curry Receipe"
    ingredients:   (Curry Powder; water; sugar);
    Action:   group(all), mix, eat (optional)

    Now. Just because it is *not* compiled, and is human readable does not 
exclude
it from being a computer program. This is an important point - given suitable 
hardware,
*ANYTHING* that can be represented on the computer, in any format is 
potentially
a computer program. I suppose the technical effect as defined by Mr Probert 
would
be due to the inputs and outputs of the program, (depending on how much curry 
powder you used :-).

     However, as every computer science student knows, all programs have 
inputs and outputs.
My point, is that every computer program ever written produces a technical 
effect
of one sort or another, whether it is printing sideways or mixing ingredients.

    If you limit a technical effect to only the interface between man and 
machine, then that
is easy to get round : surround any program that contains (potentially) 
patented material
by calling it with one program, and outputing the results to the real world 
via another program.
Since the interface is then machine to machine, then If this sounds like unix 
- it is. 

    I am not against patents, nor would I advocate breaking the law. I would 
however like
to point out that computer software does not easily lend itself to being 
patented. There are no
nice dividing lines between what is and is not patentable with software. 
Software was excluded
from patentability for this reason  I believe. If anyone has a nice dividng 
line then please say
so, and I'll shut up (maybe..)

    Leaving the decisions to the law courts, without the assistance of a 
qualified software engineer is like getting me to
cook a decent meal.. (see receipe above..:-) You get the ingredients but not 
the expertise.

    Nor can you argue that the form of a program is  important, as pointed 
out in  a previous posting.
In fact, about the only thing you *CAN* do to prevent monopolisation on a 
worldwide scale, via
software, would be to shorten the time allowed for software-related patents 
to about five years. 
Given the rapid pace of change in the computer industry, usually anything 
five years old is out
of date anyway, and would also help prevent developing countries from being 
at a technical
disadvantage in the future, and still give businesses and investors the 
security they need when 
developing their market share.

    Regards,

Nick F.

P.s. For the record, I don't like curry!