> -----Original Message----- > From: IBM Mainframe Discussion List > [mailto:[EMAIL PROTECTED] On Behalf Of Charles Mills > Sent: Wednesday, December 13, 2006 4:11 PM > To: IBM-MAIN@BAMA.UA.EDU > Subject: Re: IBM sues maker of Intel-based Mainframe clones > > > There is an awful lot of, ahem, limited patent knowledge > being posted on > this thread. > > You can attach anything you want to a patent. What IS > PATENTED is what is in > the "claims," which are in a very specific and peculiar > "language," not > unlike a programming language in that it assigns words > specific meanings > that are misleadingly similar to the words' normal English meanings. > > And yes, the earlier post that said you don't "patent code" > was correct. You > patent "inventions." Inventions are said in patent-speak to > have particular > "embodiments" -- particular "implementations" to put in > computer-speak. > Unless the invention was specifically a way of coding (as > opposed to a way > of doing some business or similar function that was > implemented in software) > then the code would be an embodiment of the invention, not > the invention > itself. The code would not be patented (but that or any other > code that > implemented or embodied the invention would presumably infringe on the > patent). > > Patent is a complex subject. People go to school for years, and then > "practice" for years more to become patent experts. I think > everyone in this > group would snicker at a patent attorney who thought that his > exposure to a > few newspaper articles on system programming made him a > system programming > expert. > > Charles
And that is what makes software patents so frustrating. How do I, as a programmer, know if some code sequence that I just wrote from my own head, violates a patent? From what I have been told, it is impossible to know because only a patent attorney is qualified to make that call. And if I look at what is patented and come to the conclusion that I don't violate a patent, but I actually do, then I face a much greater liability for infringing the patent than I would if I didn't even bother to look. -- John McKown Senior Systems Programmer HealthMarkets Keeping the Promise of Affordable Coverage Administrative Services Group Information Technology This message (including any attachments) contains confidential information intended for a specific individual and purpose, and its content is protected by law. If you are not the intended recipient, you should delete this message and are hereby notified that any disclosure, copying, or distribution of this transmission, or taking any action based on it, is strictly prohibited. ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to [EMAIL PROTECTED] with the message: GET IBM-MAIN INFO Search the archives at http://bama.ua.edu/archives/ibm-main.html
