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Geek Culture / Are patents relevant to software?

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BatVink
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Posted: 7th Mar 2005 20:47 Edited at: 7th Mar 2005 20:47
I guess this may be relevant to the news today. But my scenario may be a little different.

Take a piece of software, such as a game, that isn't too different from any other piece of software. Then, add features which make it unique to a particular market/audience. For example, you might add a klaxon noise that is irrestible to klaxon-lovers everywhere, and no other software has.

Could you patent the inclusion of the irresistable klaxon-noise-making feature?

Disclaimer: I have no intention of patenting a klaxon-noise-making feature, and if one already exists, this is not an attempt to steal said patent. Your statutory rights are not affected

BatVink
Van B
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Posted: 7th Mar 2005 21:07
It's a tricky one, because there's so much software out there, it would be a legal and logistical nightmare to properly award a patent without first prooving that nobody else got there first.

I know M$ have the US patent office in a headlock, and are managing to patent all sorts of stuff they had nothing to do with developing. I don't know how they managed to patent an Apple for example, surely mother nature still has the patent for apples (both green and red).

I have an invention, but I doubt I could patent it, it's a dynamic data format for databases, sorta like a different method of holding data that has benefits and security features that SQL could never have - yet it'll be used uniquely in 1 system and most likely never leave my office. If it was a case of easily patenting this design then I might, but even for medium sized companies that's usually out of the question.


Van-B


It's c**p being the only coder in the village.
BatVink
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Posted: 7th Mar 2005 22:34
I'm coming from a different angle on this one. My application has certain "Visible" features that I would like to protect.

It's difficult to explain, but I will try to do so in my own inimitable way. It would be like installing a toilet at work that ejected the user after 3 minutes. The bit that needs patenting is the fact that it automatically removes the user, a great efficiency feature for bosses everywhere. I don't want other toilet manufacturers copying this concept, as it will undermine my marketplace.

BatVink
Van B
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Posted: 7th Mar 2005 22:57
Ahh, so something as simple as IT worker chatter, like a guy visiting your workplace see's this system and tells other people, until eventually the idea is cropping up all over the place. I have worried about that, specifically with support software for 3rd party packages like FTGate which could literally be copied onto a floppy disk then sold to anyone running FTGate. That's why we don't deal with any 3rd party IT people now, but that's a different matter.

If it's the type of thing that can be packaged up and sold, then I think you'd be as well doing that, make a website up telling what it does, then offer it for sale (even at rediculous prices) - at least if anyone takes the idea you have legs to stand on, patenting could take years.

An example might be Atari's 9-pin DPlug developed for the 2600, the standard port for 8 and 16-bit computers as well as the Mastersystem and Megadrive/Genesis etc. They invented that, but I don't think they patented it. They still managed to sue the pants off SEGA for using it - if you consider how many applications use 9-pin D plugs, it's easy to see how far things can freely go without a patent.


Van-B


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Fallout
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Posted: 8th Mar 2005 03:10
I believe you can only patent an invention that would in turn prevent someone from copying that invention. The problem with software is it's not really an invention - at the end of the day you're computing input and data to display information. You can do that in a million ways. You can possibly patent the method you have used to achieve your result (the engineering gubbins of the code), but not your result. If people can achieve that result in their own engineering approach, they can do it too, I believe.

Dyson patented their dual cyclone hover crap, but anyone can still invent a hover, just not using their engineering approach.

BatVink
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Posted: 8th Mar 2005 03:50
This is more "Intellectual Property". I've seen a hole in the marketplace, and I have the plug. I just don't want other people in my plughole, so to speak.

Don't get me wrong, this isn't revolutionary, life-saving or going to change anybody's lives. It may not even be as successful as I would like it to be. But I do want to protect my efforts.

BatVink
GothOtaku
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Posted: 8th Mar 2005 05:31
Quote: "Could you patent the inclusion of the irresistable klaxon-noise-making feature"

No, for software you can only patent algorithms and data formats, not features. There was a thread on this subject before, search for it.
IanM
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Posted: 8th Mar 2005 21:21
BatVink, I believe that you are covered by copyright. Currently in the UK, you cannot stop someone producing and using a klaxon sound, unless it is an obvious attempt to clone your software/game and mislead the public.

Luckily for us, we don't have the software patent FUBAR that the US currently has to deal with (at least for now) - if you don't sell your software to the states then you don't need to worry about patents either.

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MicroMan
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Posted: 9th Mar 2005 23:44
Software should be protected by copyright, not patents. Patents are just too inflexible for software. There was a reason that other "soft engineerings" were not included in the patent laws - such as painting, music, and so on. You can't patent the method in those areas - and you shouldn't be able to patent the methods in software engineering either.

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They SAID that given enough time a million monkeys with typewriters could recreate the collected works of William Shakespeare... Internet sure proved them wrong.
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BatVink
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Posted: 10th Mar 2005 00:26
A simple example: Do you think you could copyright a hiscore feature, if it didn't already exist?

BatVink
the_winch
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Posted: 10th Mar 2005 00:50
You could copyright your highscore table but that wouldn't stop me from writing my own highscore table. You can't copyright an idea.

Quote: "this is not a quote"
BatVink
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Posted: 10th Mar 2005 00:53
Quote: "You can't copyright an idea"


precisely, which is where patents come in!

So back to the beginning...You have a software "feature", it doesn't matter how the software is engineered to produce the "feature"...can the idea be patented?

BatVink
GothOtaku
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Posted: 10th Mar 2005 07:35
Quote: "Do you think you could copyright a hiscore feature, if it didn't already exist?"

If it was a brand new and non-obvious way of doing it then yes you could.

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