🚀 go-pugleaf

**** 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withdrawn his appeal in this matter and the original judges decision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 :-)
]