Re: what does a patent restrict?

On Wed, 6 Oct 1999, Jeroen Hellingman <jehe[_at_]kabelfoon.nl> wrote:
>
> Thanks for the wording below, if I interpret it correctly I can safely
> distribute software that implements a "software" patent, because, it
> is just a description of the process, and as algorithms alone cannot
> be patented, software alone cannot be infringing.

It really depends on how the claims are written. If you have a typical method or apparatus software claim, then it is probably not directly infringed by transmitting the software. However, article of manufacture claims are different. If such a claim is well written, it can cover reproduction of the software. These typically are written to cover floppy disks and other media containing the software.

> Only the users put it together with a computer, and that way create
> an infringing device... curious, if we could have this logic accepted,
> it would solve half the problem open-source people have with
> software patents.

As noted above, this is typically true for method and apparatus claim claiming the software, but often not for article of manufacture claims.

But I don't see getting upset at the patent system when the real problem is bad claim drafting.

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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 1999 Bruce E. Hayden,all rights reserved
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Bruce E. Hayden                      bhayden[_at_]acm.org
Phoenix, Arizona                     bhayden[_at_]ieee.org
                                     bhayden[_at_]copatlaw.com