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- Newsgroups: comp.patents
- Path: sparky!uunet!munnari.oz.au!metro!basser.cs.su.oz.au!news
- From: brendan@laplace.anu.edu.au (Brendan Scott)
- Subject: [DISCUSSION] Algorithms Patentable?!
- Organization: Basser Dept of Computer Science, University of Sydney, Australia
- Date: Fri, 22 Jan 1993 17:38:38 GMT
- Approved: patents@cs.su.oz.au
- Message-ID: <1993Jan26.084825.15593@cs.su.oz.au>
- Sender: news@cs.su.oz.au (News)
- Lines: 36
-
-
- **** being included text
- >Is a new algorithm patentable, if it is realized in a computer program?
- >I have no idea about patent at all but I seems to come accross that
- >public key (encrypt algorithm) ect. is patented.
-
- >[mod- generally an algorithm is patentable. Please consult the FAQ
- >posted herewith]
- **** end included text.
-
- I think the moderator's statement is dangerous. There have been
- patents which have issued on things which a computer scientist
- might interpret as an algorithm, but I am yet to see a court decision
- which endorses patentability of algorithms per se. The court
- has continually justified its decisions on the basis that the
- algorithm is part of an otherwise patentable process, and it
- is on that basis that the patent is upheld.
-
- There was a case in Australia recently which came close to saying
- that algorithms are patentable (IBM v Commissioner for Patents).
- That is presently the subject of appeal before the full court
- of the Federal court here.
-
- Brendan
-
- [mod- while it is always for a higher court to alter the law as it
- stands, I was talking from a practical point of view, whereby,
- everyday a multitude of algorithm patents are being granted everyday,
- both in australia and overseas.
- With respect to the australian case, the Commissioner of Patents has
- withdrawn his appeal in this matter and the original judges decision
- stands, with the patents office altering its practice to fall in line
- behind the Judges decision.
-
- Of course, I have no doubt that this discussion will not end here :-)
- ]
-