[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: [OT] Patent protection



Cem,

Actually someone did try to patent E=MC^2.  It was denied.  As I recall,
it was denied because it was obvious.  Not obvious in the sense that you
or I would come to it while taking a shower, but obvious in that it is a
natural law and someone was bound to observe it eventually.  Of course
it took a pretty sharp fellow to see it.  But, it was always there.

Cem Kaner wrote:
> 
> we are now able to patent business processes. Patent law's scope has been
> expanding.
> 
> At 11:29 PM 12/14/99 -0500, Ethical at One of One dot Net wrote:
> >In <19991214210854.A31727@omnifarious.mn.org>, on 12/14/99 at 10:15
> >PM,
> >    "Eric M. Hopper" <hopper@omnifarious.mn.org> said:
> >
> >|       This is one of the reasons I find patent and copyright law to be
> >|somewhat disturbing, and in need of some rethinking.  What would've
> >|happened if Einstein had tried to patent General Relativity, or had
> >|copyrighted the formula 'E = mc^2'?
> >
> >Not possible.
> >
> >Patents are not available for "algorithms" or for discoveries as
> >opposed to inventions.
> >
> >The formula E=mc^2, likewise, is too short (the courts use the Latis
> >phrase de minimis) to be subject to copyright protection.
> >
> >No "rethinking" of the current state of the law is necessary to allay
> >your concern.
> >
> >--
> >-----------------------------------------------------------
> >"Ethical at One of One dot Net" <ethical@1of1.net>
> >[T. Guilbert]
> >Past president, Oregon Patent Law Association
> >-----------------------------------------------------------
> >
> 
> _______________________________________________________________________
> Cem Kaner, J.D., Ph.D.
> P.O. Box 1200, Santa Clara, CA 95052
> 
> http://www.kaner.com
> http://www.badsoftware.com
> 
> Author (with Falk &  Nguyen) of TESTING COMPUTER SOFTWARE (2nd Ed, VNR)
> Author (with David Pels) of BAD SOFTWARE (Wiley, 1998)
> 
> This e-mail communication should not be interpreted as legal advice
> or a legal opinion.  The transmission of this e-mail communication
> does not create an attorney-client relationship between me and you.
> Do not act or rely upon law-related information in this communication
> without seeking the advice of an attorney. Finally, nothing in this
> message should be interpreted as a "digital signature" or "electronic
> signature" that can create binding commercial transactions.

-- 
Lewis A. Mettler, Esq.(Attorney and Software Developer)
lmettler@LAMLaw.com
http://www.lamlaw.com/ (detailed review of the Microsoft antitrust
trial)