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Xref: sserve comp.org.eff.talk:9243 misc.int-property:560 comp.unix.bsd:5910 Newsgroups: comp.org.eff.talk,misc.int-property,alt.suit.att-bsdi,comp.unix.bsd Path: sserve!manuel!munnari.oz.au!sgiblab!sdd.hp.com!decwrl!csus.edu!netcom.com!mcgregor From: mcgregor@netcom.com (Scott Mcgregor) Subject: Re: Patents: What they are. What they aren't. Other factors. Message-ID: <1992Oct1.093213.11147@netcom.com> Organization: Netcom - Online Communication Services (408 241-9760 guest) References: <5204.Sep2920.32.3192@virtualnews.nyu.edu> <1992Sep30.143205.3171@rwwa.COM> <16954.Oct101.56.4292@virtualnews.nyu.edu> Date: Thu, 1 Oct 1992 09:32:13 GMT Lines: 41 In article <16954.Oct101.56.4292@virtualnews.nyu.edu> brnstnd@nyu.edu (D. J. Bernstein) writes: >In article <1992Sep30.143205.3171@rwwa.COM> witr@rwwa.com writes: >> But the rubber-curing patent >> doesn't claim the *algorithm*, it claims the *process*. > >As defined by the law, ``algorithm'' is a synonym for ``process.'' > >Most people familiar with the word ``algorithm'' would consider it at >least a special case of ``process.'' > >What distinction are you attempting to draw? This is the crux of our whole semantic arguing isn't. That on the one hand as difined by law (I'll take Bernstein's word for it) algorithm and process are the same. At the same time, the patent law has always explicitly allowed "process" patents but forbidden "algorithm" patents. Since they are synonymous Bernstein can always argue for a process patent to be overturned by claiming it is really an "algorithm" patent. But should I suggest that treating algorithm patents and process patents the same would undermine process patents, Bernstein dispenses with his claim of synonymity and follows the patent office view that they are distinct. Clearly the claims that they are synonymous and distinct are logically irreconcilable. You can't "reason" to a result based on them--or rather you can reason to any result, because the antecedent must be false. Hence the wandering in circles that Bernstein observes in our discussions as we shift from one assumption to the other. -- 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