Article View: comp.patents
Article #131[DISCUSSION] Algorithms Patentable?!
From: Brendan Scott
Date: Fri, 22 Jan 1993 17:38
Date: Fri, 22 Jan 1993 17:38
36 lines
2000 bytes
2000 bytes
**** being included text >Is a new algorithm patentable, if it is realized in a computer program? >I have no idea about patent at all but I seems to come accross that >public key (encrypt algorithm) ect. is patented. >[mod- generally an algorithm is patentable. Please consult the FAQ >posted herewith] **** end included text. I think the moderator's statement is dangerous. There have been patents which have issued on things which a computer scientist might interpret as an algorithm, but I am yet to see a court decision which endorses patentability of algorithms per se. The court has continually justified its decisions on the basis that the algorithm is part of an otherwise patentable process, and it is on that basis that the patent is upheld. There was a case in Australia recently which came close to saying that algorithms are patentable (IBM v Commissioner for Patents). That is presently the subject of appeal before the full court of the Federal court here. Brendan [mod- while it is always for a higher court to alter the law as it stands, I was talking from a practical point of view, whereby, everyday a multitude of algorithm patents are being granted everyday, both in australia and overseas. With respect to the australian case, the Commissioner of Patents has withdrawn his appeal in this matter and the original judges decision stands, with the patents office altering its practice to fall in line behind the Judges decision. Of course, I have no doubt that this discussion will not end here :-) ]
Technical Details
Message-ID:
<1993Jan26.084825.15593@cs.su.oz.au>Path:
arc1-ca.pugleaf.net!sparky!uunet!munnari.oz.au!metro!basser.cs.su.oz.au!newsShow Full Headers
Complete Article Headers
Newsgroups: comp.patents Path: arc1-ca.pugleaf.net!sparky!uunet!munnari.oz.au!metro!basser.cs.su.oz.au!news From: brendan@laplace.anu.edu.au (Brendan Scott) Subject: [DISCUSSION] Algorithms Patentable?! Organization: Basser Dept of Computer Science, University of Sydney, Australia Date: Fri, 22 Jan 1993 17:38:38 GMT Approved: patents@cs.su.oz.au Message-ID: <1993Jan26.084825.15593@cs.su.oz.au> Sender: news@cs.su.oz.au (News) Lines: 36