From antonio_abrantes@hotmail.com  Sun Oct 15 00:05:13 2000
Date: Sun, 15 Oct 2000 00:05:13 GMT
From: antonio abrantes antonio_abrantes@hotmail.com
Subject: [Patents] invention and discovery

Dewaz wrote:

>>>Well, for me it is clear that Doppler could patent a radar or even
copyright a program to calculate the Doppler shift.
But not patenting such program!<<<

Maybe here we have some confusion about the scope of a patent.
In the case of a radar equipment (based on Dopler theory) the applicant
will not monopolize the Dopller theory, that will continue free
to development of other equipments. The same occurs if this invention
was implemented by software: the aplicant will receive a patent for
such an aplication of this theory, as a radar system (implemented by
software). As Greg Aharonian said: "Both took equal amounts of brainpower to 
develop, and
similar amounts of time and cost of equipment needed.  I see know
reason why my inventiveness with the circuits should be rewardable
with a patent, but not my inventiveness with the software"

Dewaz wrote:
>>>Why not simply patent the math formula wich solves the Doppler shift
?(actually that would not be very far from a C++ computer program)
...If you allow patenting soft you allow patenting ideas and them there
will be no more differences between "discovery" and "invention"(using
your words)<<<

In this case, for me, the distinction is very clear: the doppler theory
can not be patented and it is free to other inventions. The software
protected here, is protected only to the application of such theory
as implementation of a radar system. But I agree with you, that in
some cases (not this one) this line is not very clear, as Seth Shulman
said in his Owing the future: "unfortunetely, especially in a knowledge
based economy, it is exceendingly difficult to distinguish beteween
the two types of claim...an improved mousetrap and a monopoly on the
idea of trapping mice" (page 7)

the patent US 5297206 is a good example: a patent claim over two
large prime numbers, that can be used in an encryption eletronic e-mail
program. What is the line between a encryption program and a
mathematical method? I think that there is no difference, so I think
that such kind of invention is not subject matter.


abrantes
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