Patents with source code
Posted Aug 29, 2012 18:10 UTC (Wed) by giraffedata
In reply to: Patents with source code
Parent article: Mobile patent wars: Google goes on the attack
Most software patents are nothing more than an idea
As someone pointed out earlier, those patents aren't really a test of whether you can patent a mere idea, because it's usually obvious from the idea alone that it works. Of course, it also means that the maxim "you can't patent an idea" can be construed as false, because you might say there exist cases where the idea is indistinguishable from the invention.
But still, whether it 'works' (how exactly would you define that?), really isn't part of the legal definition,
I still don't know whether you believe the legal definition distinguishes between idea and invention, which is what's really relevant to this thread. Whether that difference consists of "proving that it works" is a fuzzier question.
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