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re: NAFTA mandates software patents - opposing viewpoints welcome
From: David Farber <farber () central cis upenn edu>
Date: Mon, 1 Nov 1993 11:20:05 -0500
Mitch Goodkin is a lawyer with the IP Office of the University of Michigan ------- Forwarded message Date: Mon, 1 Nov 93 09:00:54 EST From: mitch.goodkin () um cc umich edu Subject: NAFTA mandates software patents - opposing viewpoints welcome The message below continues a major unnecessary confusion. The issue is not "software patents." That term should not be used. It obscures the issues. The real issue is what processes should be patentable. Patent law allows for patents on processes. It is irrelevant whether the process is done by hand, by special hardware or by a programmable device given directions by a computer program. The continued use of the term "software patents" implies a conclusion, rather than fostering an objective discussion of the boundaries of which processes should be patentable. Suppose one had a new method for making steel. The method defines the materials to use, the relative portions of the materials, and the sequences and timing for the materials to be put into a blast furnace. The method might be implemented by an automatic material handling system, in which a computer progam ("software") directs the selection and sequencing of materials from bins, the weighing of the materials, and the timing of putting the materials into the furnace. The fact that a computer program is used to control this process is not relevant to the issue as to whether or not this process should be patentable. Suppose that one has a new method for improving the manner in which access to a computer memory is allocated and controlled. Patentability should not rest on whether or not the method is implemented by special hardware or by "software" microcode.
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- re: NAFTA mandates software patents - opposing viewpoints welcome David Farber (Nov 01)