[Patents] Re. Swpat Source

[Steve Probert steve.probert@patent.gov.uk]

Erik Josefsson wrote:
> Could you compile and run any of the swpat code
> that is published in UK? If not, why not?

Yes, most if not all of it I should think.  But don't forget that many
Patent Offices (including the UK) are required by law to publish a
patent application exactly as it is filed.  So if the applicant files
source code with bugs in it, that is what gets published.  But unless
the disclosure is sufficient to enable a reasonably competent programmer
to perform the invention, it won't get granted.

> If the monopoly/publicity principle should be upheld,
> wouldn't it be reasonable to file working examples of
> what the invention does?

Most Patent Offices simply wouldn't have the space to store them.  Just
imagine all the inventions relating to aircraft, ships, space rockets
and the like.  Even the smaller stuff (TVs, videos) would soon build up.

> Why is not source code to a swpat compulsory?

Because it is not always necessary in order to explain an invention.  In
fact, it is usually more effective to describe an invention in plain
language, because if it is done properly then any competent programmer
can produce suitable source code once the basic idea has been explained
to him/her.

> (In the case of the "perpetual motion machine", I heard that it's a standard
> patent office joke allways to ask for a working model before filing the
> patent.)

As you say, it's a joke.  But then perpetual motion machines don't work,
.... software often does ;-)

> >In many cases the program listing forms an appendix which is open to
> >public inspection (at the Patent Office) but not printed, primarily
> >because of the cost and bulk. 

> So you can provide the monopoly, but not the publicity because of the cost
> and bulk?

It is a question of doing what is practical from the viewpoint of the
users of the patent system.  When I mentioned the problems of cost and
bulk, I wasn't necessarily thinking of these as problems for the Patent
Office.  After all, we have to store the appendix anyway.


-- 

Steve Probert
Deputy Director
The Patent Office