Phipps: Stop patent mischief by curbing patent enforcement

Everything you might describe as an intellectual property does not neatly fall into categories like that, especially not on the grounds of tangible/intangible. It's not simple. Sorry.

Maybe the 'machine or transformation' test confuses this area - but it applies to a patent application for a process. The hacker's way round that is to claim computer-implemented inventions as part of a computer system (the tangible device) which implements the algorithm.

Most relevant to your comment: Copyrights are *always* for the physical embodiment of an idea. A work (whether you call it art or not) is essential to the notion of copyright. The Lion King copies its story from Hamlet but it would not infringe a copyright -- were there one in place -- because it is not an animated film which implements the text of Hamlet (you can see that they share the intangible story idea of a prince crushed by the guilt of his father's death, even though it was caused by his evil uncle, fleeing to escape that guilt but ultimately returning to avenge the actions of his uncle). In contrast, a copy of Metallica's 'Master of Puppets' album is a likeness of the original recording which directly derives from that source and wouldn't be valuable unless it was a tangible representation of that original sound recording.

K3n.

No. They are supposed to be issued for original creative works. And NEVER for ideas. That's why Avatar doesn't infringe Pocahontas, even if both movies tell the same story. But the work doesn't have to be intangible at all. Statues and other three-dimensional constructs absolutely qualify.

On the other hand, patents are ALSO NOT SUPPOSED to cover ideas. Only implementations of original innovations. That's why one-click-shopping, slide-to-unlock and other drivel are NOT PATENTABLE. ... Well, according to patent law, that is, but the patent offices are huge law-breakers. And of course, since mathematics are not patentable either, software is not patentable anyway. But as said, patent offices break patent law on an industrial scale.

All it would take to get rid of the whole mess of business-method and software patents would be to enforce the law.