Re:Judge Says Mathematical Algorithms Can’t Be Patented
by diminoten on Friday March 29, 2013 @02:57AM
(#5459610)
It's not pretending, they actually are patenting the method rather than the code itself. It's a critical distinction, as code is actually copywritten.
There's a huge difference between design and implementation.
1. A method for fooing bars, comprising A, B, and C.
2. A method in accordance with claim 1, wherein said fooing further comprises doing D.
3. A system for fooing bars, comprising A, B, and C.
4. A system in accordance with claim 3, wherein said fooing further comprises doing D.
5. A computer program product for fooing bars, comprising A, B, and C.
6. A computer program product in accordance with claim 5, wherein said fooing further comprises doing D.
This covers several different legal precedents; even if "method" gets invalidated as an approach, the patent may still work under the "system" or "computer program product" theories.
This gets taken to a ridiculous extreme; many such patents describe the computer program product as a physical object consisting of bits on a medium such as a CD or disk, and include as a figure an illustration of such a medium.