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- Newsgroups: comp.patents
- Path: sparky!uunet!munnari.oz.au!metro!basser.cs.su.oz.au!news
- From: mcgregor@netcom.com (Scott L. McGregor)
- Subject: Re: [INFO] 200 software patents in 2 months - what's going on
- Organization: Atherton Technology, Inc.
- Date: Mon, 27 Jul 1992 18:27:33 GMT
- Approved: patents@cs.su.oz.au
- Message-ID: <1992Jul29.114855.10591@cs.su.oz.au>
- References: <1992Jul25.033617.6322@cs.su.oz.au>
- Sender: news@atherton.com (News Administrator)
- Lines: 49
-
- In article <1992Jul25.033617.6322@cs.su.oz.au> srctran@world.std.com (Gregory
- Aharonian) writes:
- >
- > To appreciate the magnitude of the problem of software patents, what
- > follows is a list of about two hundred patents from just TWO months of 1991.
- > The software community should start helping the patent office better manage
- > the process of awarding software patents.
-
- What are the criteria for generating these lists? It would seem that with some
- criteria (e.g. all methods that could be implemented using computers or
- microprocessors as one part of a larger apparatus) many more "software" patents
- are likely to have been granted in those two months. If thes list were limited
- to methods that are performed with no other hardware than an microprocessor or
- general purpose computer, then a much smaller list would have likely been
- generated.
-
- Mr. Aharonian's postings of neural network patents seems to be based upon
- patents when "neural networks" appear in the title or might likely appear in
- the description. It is more probable that such patents do indeed constitute
- patents in which the application of specific neural networks technologies are
- central to the claims being generated. It is less probable that this is true of
- descriptions which contain the word "software" or "programming" in which this
- may be a peripheral aspect (such as in the process claimed in Diamond vs. Diehr
- which is mainly about producing rubber, and in which the computer plays a
- limited role). So what is PRECISELY meant by "software patents" in Mr.
- Aharonian's postings is less clear, and the need for clarity on this issue has
- been repeatedly supported by writers on all sides of this issue in this forum.
- Clarification of the classification scheme used here would be helpful.
-
- Also helpful would be some sort of tracking over time ADJUSTED by the change in
- importance, sales, investment and employment in the software industry over
- time. For example, there are many more computer users, and programmers, today
- than in earlier years. As a result, it should not be a surprise that there is
- SOME growth in patents in this industry.
-
- It might be interesting to see the annual number of granted "software patents"
- for many years using Mr. Aharonian's selection technique. Then it would be
- useful to normalize for the growth of the industry by dividing by the numbers
- of estimated computer users, or by the number of programmers, in those years.
- (It is probably better to count these by application date and not award date,
- as awards date might be due to factor in the PTO and not in the industry
- itself.) It would be interesting to see if this patent explosion is in fact
- growing faster, the same as, or slower than the industry itself. Are we just
- seeing the same growth in relative importance in patents as we are seeing in
- growth of the economic importance of the software industry, or are we seeing
- something else?
-
- Scott McGregor
-
-