Re: Re: something confusing is said about patent

Subject: Re: Re: Re: something confusing is said about patent

Comments:
: : : I would like to patent an algorithm in USA because unfortunately I have published it before, and I consulted a university officer. However, the officer said something makes me totally confusing. : : : He said, it's uselss to patent it in USA. Despite any USA patent, any company is free to use my algorithm to design products in other countries, and the resultant products can then be sold worldwide, including the USA. The reason is the product is not covered by the patent. He also said even a US based company can use my invention in one of its branches outside the patented area to design products and then sold worldwide. : : : Could anyone tell me whether or not what the officer said is correct? Thanks a lot in advance! : : Dear Microvia, : : It is my understanding the algorithms are not in themselves patentable. The unobvious use of an algoritm in a method may be patentable. : : All patents are by counties. There are treaties that give priority for filing country by country. : : M. Arthur Auslander : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 3008 Johnson Ave., New York, NY 10463 : : 7185430266, aus@auslander.com : : ELAINE's Workshop® : : E arly L egal A dvice I s N ot E xpensive™ : : Reality Check® : A pure algorithm isn't patentable under US law, it constitutes non-statutory subject matter and would get a quick 35 USC 101 rejection from a US Patent Examiner. : Consider a US and / or an International (PCT) patent on a method utilizing the algorithm as was stated before.

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