Patents -- What is the distinction?

[David Farber <dave () farber net>]

Begin forwarded message:

From: Tom Gray <tom_gray_grc () yahoo com>
Date: August 16, 2004 11:01:56 AM EDT
To: dave () farber net, tom_gray_grc () yahoo com
Subject: Software Patents -- What is the distinction?


This note may be of interest for your IP list.

There have been some recent postings to the  IP list
about software patents. Frankly I cannot understand
the point behind these posts and others that I have
seen. I have designed hardware and I have designed
software. I cannot see any real difference in the
design of each. In fact, in designing a solution to a
problem, I am often faced with the choice of
developing a custom circuit or of choosing one of many
processor/software design architectures. The choice
between hardware and software does not depend on
anything inherent in either technique but in various
aspects, such as cost, space  availability etc., that
depend on the current technological context.

Sine patents do not protect a design in itself but the
combination of a solution and a perceived problem, I
cannot see any reason why there should be a
distinction between a hardware and a software-based
design in this regard.

If I design a piece of hardware that contains a
controller which sequences circuit behavior through
some custom microcode, should I not be able to patent
this design. It is both hardware and software and both
neither.

Why should patenting not apply to software-based
designs?

Tom Gray



                
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