*BSD News Article 5861


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From: mcgregor@netcom.com (Scott Mcgregor)
Subject: Re: Patents:  What they are.  What they aren't.  Other factors.
Message-ID: <1992Oct1.091739.10285@netcom.com>
Organization: Netcom - Online Communication Services (408 241-9760 guest)
References: <5204.Sep2920.32.3192@virtualnews.nyu.edu> <1992Sep30.035812.124@netcom.com> <1adcdkINNljf@early-bird.think.com>
Distribution: inet
Date: Thu, 1 Oct 1992 09:17:39 GMT
Lines: 40

In article <1adcdkINNljf@early-bird.think.com> barmar@think.com (Barry Margolin) writes:
>In article <1992Sep30.035812.124@netcom.com> mcgregor@netcom.com (Scott Mcgregor) writes:
>
>Changing signals on a modem control line is a physical process, as is
>specific physical transformation that is performed using the result.
>That's what makes the physical transformation inessential.
I don't follow this. This seems to be saying that it is inessential
because it is physical. But this seems to be assuming that which must
be proved, namely that the algorithm is what is important and not its
reduction to physical practice.

>So, a modem that performs compression is a patentable device, as is a disk
>interface that compresses.  But the compression algorithm itself isn't
>patentable.  If I find a new use for this algorithm, I should be able to
>patent that as well, without infringing the patent on a compressing modem.

I agree. The patent should only be allowed to cover the end results
that it promises, not all end results that might result from any
application of some intermediate algorithm. 

>This raises a question about obviousness, though.  Given the well-known
>existence of data compression algorithms, is there anything unobvious about
>applying a particular one to any particular problem?  The LZW algorithm
>itself may be novel, but algorithms aren't supposed to be patentable.

I think that is a very fair criticism of what may be wrong with the
LZW algorithm.  It would seem to me that the issue would be the
special usefulness of that particular algorithm, and whether the prior
art taught away from applying that algorithm in that way.


-- 

Scott L. McGregor		mcgregor@netcom.com
President			tel: 408-985-1824
Prescient Software, Inc.	fax: 408-985-1936
3494 Yuba Avenue
San Jose, CA 95117