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- Newsgroups: comp.software-eng
- Path: sparky!uunet!cs.utexas.edu!sun-barr!ames!pacbell.com!UB.com!athertn!news
- From: mcgregor@netcom.com (Scott L. McGregor)
- Subject: Re: Software engineering patents
- Message-ID: <BtvFIM.1p7@atherton.com>
- Sender: news@atherton.com (News Administrator)
- Reply-To: mcgregor@netcom.com
- Organization: Atherton Technology, Inc.
- References: <BtK1zM.My2@world.std.com>
- Date: Mon, 31 Aug 1992 23:20:45 GMT
- Lines: 50
-
- In article <BtK1zM.My2@world.std.com> srctran@world.std.com (Gregory Aharonian)
- writes:
-
- > SOFTWARE CATEGORIES FOR WHICH
- > PATENTS ARE BEING AWARDED
-
- I'm confused by this posting. Who has created these categories? Who is
- assigning patents to each category and on what basis? 1700 patents were
- surveyed, and possibly 921 (approx 54%) of them are accounted for in the list.
- It is not clear if that means that 46% of the patents surveyed were classified
- as in other categories, or if that 46% were part of these categories, but were
- not considered software related. The title seems to suggest the former
- interpretation, but then it is hard to understand why "Automobile", "Chemistry"
- and "Physics" appear in this list.
-
- It is not even clear if the numbers represent single counting or double
- counting. That is, if a patent concerned "Chemistry and Physics Simulations for
- Engineering organic compounds for Medicine & Genetics" would that appear just
- once in the listing, or 5 times? If such double counting did occur, there
- might be only about 6% of the total set surveyed accounted for.
-
- Lastly without clarity about how these were determined to be software, nor how
- they are assigned to categories, we cannot tell if they were merely patents in
- which the words "Graphics" or "User Interface" occurred (but that might have
- little to do with the actual thrust of the patent), or whether they are patents
- whose coverage is for those areas. We can't even tell if a design patent
- concerning the PHYSICAL front-panel of an instrument might show up because that
- too is described as a User Interface. We can't tell if these are patents that
- are "purely" software, or mostly hardware--it would be surprising if there were
- really 8 automobile patents that used general purpose computers in the sense
- suggested by the LPF's proposed software patent characterization. Few cars
- have traditional general purpose computers in them--though all new cars have
- many microprocessors in them controlling various physical and electrical
- processes. Thus, unthinking acceptance of these metrics might lead one to be
- overly concerned about software patents. On the other hand, too cavalier a
- rejection of the data could lead to too little concern. Only more information
- can clear this up.
-
- All this *data* seems to be circulating here concerning software patents, but
- it is so hard to tease any *information* out of it. It is like hearing two
- contestants argue about the score of their game so far--but you don't know
- which game they are playing. One person says it is 14-7 so far; it would be
- nice to know whether they were playing football, basketball, golf, ping-pong or
- bowling. Without that information you can't really tell how close the game is,
- or how near it is to a final conclusion.
-
- Similarly, it is hard to make a reasoned decision about software patent risks
- when you can't get real information out of the data. Without information,
- everyone is reduced to emotional responses which don't seem to get us closer to
- agreement.
-