[Patents] software as such

[antonio abrantes antonio_abrantes@hotmail.com]

Hartmut Pilch writes:
>>>[when] you calculate a solution to a new problem based on an existing 
>>>model...no new model involved .. it makes no sense to give a patent for a 
>>>calculated solution<<<

I agree with you, but your concepts about "new model" is a too restrictive. 
let´s continue with digital techniques for our example. Let´s imagine a 
design of a low pass filter based on a Butterworth type filter, this kind of 
filter has optimum flat response and no ripple. if you design a "new filter" 
with different frequency, or different poles, ok, i agree with you: it´s the 
same model, and there´s no inventive step to grant a patent for such a 
design. It´s a typical case of "calculated solution" that doesnt deserve a 
patent.
But let´s suppose that we are some years ago, and a man called Bessel, 
design a "new model" to design filters, where the phase distortion is 
optimized. this is a new model for design filters, and these analog filters, 
that solve a problem in state of the art (the optimimum response for phase 
delay) can be protected by patents, ok?
But if these filters where implemented by software, why can not patent them? 
for me it makes no difference if such invention could be implemented by 
software or by hardware, because both produce the same technical effect.

So, a software that produces a technical effect, as this example, could be 
patenteable, but software that doesn´t produce a technical effect (a effect 
that has a analogy with our physical world, and not a virtual one) could be 
considered as a software "as such".

Dewaz writes:
>>>try to imagine the results of a patented program from Doppler to 
>>>calculate the change of frequency on sound waves...when there is a 
>>>relative motion...<<<

Doppler modelled the real world with your theory. It is a typical definition 
definition of a discovery, not a invention. It would be transformed in a 
invention, with he´d crete some device operated according such theory, such 
a radar system, for instance. Your theory could not be patented (makes no 
difference if he implemented in software, because it would be only another 
language to write his theory). But if he would write a software program, 
that solved a technical problem, this software (as the radar system cited) 
could be patentable. It makes no difference if the invention is implemented 
in software or no, the question is if such invention solves a technical 
problem and gives a result that has some effect in our real world, and not a 
virtual one.

Abrantes
_________________________________________________________________________
Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com.

Share information about yourself, create your own public profile at 
http://profiles.msn.com.