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Article #75352

Re: Patents (was Re: Copyrights)

#75352
From: 2656-Daniel R. Levy(0000000)0000
Date: Tue, 14 Aug 1990 05:11
41 lines
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karsh@trifolium.esd.sgi.com (Bruce Karsh) writes:

>In article <38007@ucbvax.BERKELEY.EDU> jbuck@galileo.berkeley.edu (Joe Buck) writes:

>There are a lot of DSP algorithms which are currently being kept very
>secret.  Companies which depend on the competitive advantage that these
>proprietary techniques give them are keeping them trade secrets because
>they don't believe that patents are yet a secure enough protection.

Well, what practical addition to software patents would you propose to
make them secure "enough"?  An author of software currently doesn't have
to reveal what method he is using internally.  He can also disallow
disassembly and reverse engineering in the license for the software.
In view of this, what's secure "enough"?  Requiring all software authors
to publish their internal methods so that algorithm patent holders can
examine them?

>Simultaneous discovery does occur,
>but it's just not that common.  The existence of trade secrets is another
>reason to believe that your statement is simply false.

No, the fact that companies hold certain information that they have discovered
as a trade secret says nothing about whether these "secrets" are in truth
widely reinvented.  It just says that the companies holding these "secrets"
_hope_ they are not widely reinvented.  The Emperors may be guarding mostly
empty wardrobes for all we, not being omniscient, can tell.  Have there been
any cross-industry surveys to determine the similarity or diversity of "trade
secrets" across companies?

Somebody mentioned the difficulties to small companies because patent searches
are so difficult and innovation (at least in the mind of the developer) is so
common in the software art.  I believe that this objection deserves serious
consideration.  I would propose that if algorithm patents MUST be upheld, the
U.S. Patent Office should establish a special index for them so they will be
easy to find.  Also, the text of these patents should be made easily available
in electronically-readable form.
-- 
 * Daniel R. Levy * uunet!tellab5!mtcchi!levy * Disclaimer: MTC may not agree *
So far as I can remember, there is not one    | ... therefore be ye as shrewd
word in the Gospels in praise of intelligence.| as serpents <Gen. 3> and harm-
-- Bertrand Russell [Berkeley UNIX fortune]   | less as doves -- JC [Mt. 10:16]
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References: <38006@ucbvax.BERKELEY.EDU> <9008061955.AA14545@stc06.CTD.ORNL.GOV> <38007@ucbvax.BERKELEY.EDU> <66707@sgi.sgi.com>

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From: levy@mtcchi.uucp (2656-Daniel R. Levy(0000000)0000)
Newsgroups: gnu.misc.discuss
Subject: Re: Patents (was Re: Copyrights)
Message-ID: <1990Aug14.051149.9242@mtcchi.uucp>
Date: 14 Aug 90 05:11:49 GMT
References: <38006@ucbvax.BERKELEY.EDU> <9008061955.AA14545@stc06.CTD.ORNL.GOV> <38007@ucbvax.BERKELEY.EDU> <66707@sgi.sgi.com>
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Posted: Tue Aug 14 06:11:49 1990