Re: [Patents] newsscan: Software patent limits 'go too far'

[Russell McOrmond <russell@flora.ca>]

On Wed, 22 Oct 2003, Seth Johnson wrote:

> "As such" means software is something different.

  Different than what?  I don't think that saying that something is
different says much -- the "as such" is supposed to clarify how it is
different.

  My understanding is that it suggests the existence of software in an
otherwise patentable method does not render that method unpatentable, but
software alone does not constitute a patentable method.


  This should be (but currently isn't) understood to mean that a
combination of software and generic hardware can also not constitute a
patentable method.  If the "innovative step" is only in software, then
that step does not constitute an "inventive step". Unfortunately patent
offices, including the Canadian patent office, go out of their way to try
to encourage wordsmithing to make software combined with generic hardware
appear as it if is an inventive method.

> Seth
---
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
 Governance software that controls ICT, automates government policy, or
 electronically counts votes, shouldn't be bought any more than 
 politicians should be bought.  -- http://www.flora.ca/russell/