There is an awful lot of, ahem, limited patent knowledge being posted on this thread.
You can attach anything you want to a patent. What IS PATENTED is what is in the "claims," which are in a very specific and peculiar "language," not unlike a programming language in that it assigns words specific meanings that are misleadingly similar to the words' normal English meanings. And yes, the earlier post that said you don't "patent code" was correct. You patent "inventions." Inventions are said in patent-speak to have particular "embodiments" -- particular "implementations" to put in computer-speak. Unless the invention was specifically a way of coding (as opposed to a way of doing some business or similar function that was implemented in software) then the code would be an embodiment of the invention, not the invention itself. The code would not be patented (but that or any other code that implemented or embodied the invention would presumably infringe on the patent). Patent is a complex subject. People go to school for years, and then "practice" for years more to become patent experts. I think everyone in this group would snicker at a patent attorney who thought that his exposure to a few newspaper articles on system programming made him a system programming expert. Charles -----Original Message----- From: IBM Mainframe Discussion List [mailto:[EMAIL PROTECTED] On Behalf Of Bruce Black Sent: Wednesday, December 13, 2006 1:21 PM To: [email protected] Subject: Re: IBM sues maker of Intel-based Mainframe clones > From my experience with software patents I've been involved with, one > does not patent "code". One patents ideas and techniques. The actual > code implementing those ideas/techniques is not part of the patent, > and can remain a trade secret. In a patent infringement case I was involved in, the plaintiff had attached the entire logic manual of the software product to the patent!! No code, but a lot could be learned from the manual. Fortunately, the plaintiffs lawyers correctly determined that the patent, as filed, was unenforceable and they went away. ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to [EMAIL PROTECTED] with the message: GET IBM-MAIN INFO Search the archives at http://bama.ua.edu/archives/ibm-main.html
