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
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