From phm@a2e.de  Tue Dec 12 15:22:38 2000
Date: Tue, 12 Dec 2000 16:22:38 +0100 (CET)
From: PILCH Hartmut phm@a2e.de
Subject: [Patents] Report on software patents.

> >At least if the process is to be program controlled, it must use
> >natural forces to cause a matter transformation not predictable
> >by computational means.  The result of sorting is computable.
> 
> Which bans large numbers of mechanical, chemical, biological, and
> electrical patents as well.

There is one less strict alternative:  separate between the computer
program and the operation it performs via its top level interface. If the
operation consists in using natural forces in a novel way to cause a
transformation of matter, it can be patented, but only material objects
related to this operation may be claimed, e.g. a new chemical etc, and the
programming solution part remains patent-free.

In this case, even technical processes whose success can be
computationally predicted from prior knowledge could be patentable without
making software itself thereby any more patentable than documentation.

-phm





