• DocumentCode
    1358178
  • Title

    Patenting propagated data signals: what hath God wrought?

  • Author

    Stobbs, Gregory A.

  • Author_Institution
    Harness, Dickey & Pierce, USA
  • Volume
    38
  • Issue
    7
  • fYear
    2000
  • fDate
    7/1/2000 12:00:00 AM
  • Firstpage
    98
  • Lastpage
    101
  • Abstract
    The US Patent Office is now issuing patents on propagated data signals that embody computer programs. Result: patent infringement can now occur in a mouse click. While patents have always been available for new and useful processes, machines, manufactures, and compositions of matter, the extension of patent law to computer data signals is new. After losing a series of battles in the courts, the Patent Office now considers a computer program embodied in a carrier wave to be a manufacture, and hence patentable subject matter. This rather surprising development provides a powerful weapon against software patent infringement over the Internet; and it represents a dangerous snare for the telecommunications industry. Is there anything beyond the reach of patent law? The Supreme Court remains steadfast in this: patents cannot be obtained for abstract ideas, laws of nature, and natural phenomena
  • Keywords
    Internet; computer software; legislation; patents; Internet; Supreme Court; US Patent Office; abstract ideas; carrier wave; computer data signals; computer programs; laws of nature; manufacture; natural phenomena; patent infringement; patent law; propagated data signals patenting; telecommunications industry; Communication industry; Computer aided manufacturing; Internet; Manufacturing processes; Mice; Military computing; Patent law; Signal processing; Telecommunication computing; Weapons;
  • fLanguage
    English
  • Journal_Title
    Communications Magazine, IEEE
  • Publisher
    ieee
  • ISSN
    0163-6804
  • Type

    jour

  • DOI
    10.1109/35.852038
  • Filename
    852038