No Source Code == No Patent

Re:No Source Code == No Patent by AlbertCory on Monday April 17, 2023 @11:57AM (#35602626)

Law is about word-smithing, so apologies for this:

You patent an invention, not an idea. Section 112 says you have to identify the Best Mode of making your invention. Patents are also careful to say "in one embodiment, the invention..."

> you can't have a patent that only protects a particular implementation. That would be copyright.

Yes, you can. Claims are drafted to not be limiting, but it can happen.

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Re:No Source Code == No Patent by MattPalmer1086 on Monday April 17, 2023 @12:41PM (#35603228)

Thanks, my original explanation was not very good, IANAL.

I was getting at you don't patent the code itself (which has copyright protection).

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