patenting printers vs patenting software
Posted Nov 19, 2012 16:50 UTC (Mon) by giraffedata
In reply to: LCE: All watched over by machines of loving grace
Parent article: LCE: All watched over by machines of loving grace
A better question along those same lines is: Can you completely replace the software and still infringe the patent? Yes? Then the patent covers something other than the software.
When people who don't already know better read "patent for a piece of software," they can easily believe that the patent covers a particular piece of code, or disembodied algorithm, and they reach incorrect conclusions about how patent law works. In fact, I see such people scratch their heads and wonder how such patents could possibly make sense.
But if they think of the patent as for a kind of printer, then it's easy to see how one might apply law that applies to a way of feeding paper through a printer using gears to a way of deciding what to print using software.
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