From srctran@world.std.com  Tue Nov 21 18:50:30 2000
Date: Tue, 21 Nov 2000 13:50:30 -0500 (EST)
From: Gregory Aharonian srctran@world.std.com
Subject: [Patents] natural forces

>BTW, it is interesting how software patents are accepted without the
>slightest trace of source code.  I wonder how a software algorithm can
>be expressed in detail without including source code.

Actually, this can be a liability for the patent owner because his
patent application specification is not fully enabled.  I have
occasionally argued that this should be mandatory, and that the
Patent Offices could be building up a huge collection of source code
if it asked software patentees to submit machine readable source
code, just like it asks biotechers to submit machine readable DNA
sequences.

But without the source code, there are lots of software patents,
especially the natural language patents, that I doubt are fully
enabled.

Again though, this is similar to people sending in just block diagrams
for hardware circuit patents, and not sending in a complete circuit
diagram.

Finally, if you can induce infringement by showing someone source
code that infringes a patent, you can induce infringement by showing
someone a circuit diagram that infringes a patent.  The expression
of the device (circuit diagram, source code) has no bearing, 
especially if use software (VHDL, Verilog) to transfer information
about a digital circuit to someone else.  I argue that this is yet
another aspect of the hardware/software codesign equivalence -
with VHDL I can represent a new device/invention in a generic way,
and then let the computer automatically generate a circuit diagram
or source code to implement the new device/invention.  Showing the
VHDL to someone else represents both the hardware and software worlds.

Look, I have no problem with people's criticisms and attacks ono
software patents here - some have legitimate grounds.  I just
don't believe that software is really that different for those
attacks to be applied to other areas of technology.

You don't like a patent holder getting control of a new invention
for 20 years?  Fine, but those in other industries (and consumers)
have the same complaints as well.  You don't like patents
restricting the flow and communication of ideas?  Fine, but those
in other industries have the same complaint as well.  Software is
not that special to be treated differently under the patent laws.

Greg




