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Author Topic: Software Patent Question  (Read 1068 times)

InventIt

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Software Patent Question
« on: 12-21-08 at 12:28 pm »

I have created a software product for a very niche market. It consists of components that separately may be available in other applications. What I've done is assemble many components to create software for a specific purpose. While several other applications can perform some of the same functions, my software combines them in such a fashion to produce a specific result.  I've built it from the first line of code, so it is 100% mine, except for some open source, and some SDK's which I've purchased the rights to use. I've done a patent search and there in fact is no similar product. My question is, if the individual components are used in other applications (and assuming not patented), then is my assembly of many individual components into a new function considered a unique product, thus eligible to patent as an overall function and concept? I believe it is, but I'd like feedback.
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JimIvey

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Re: Software Patent Question
« Reply #1 on: 12-22-08 at 02:17 pm »

Yes, a non-obvious combination of known things is patentable.  Software is no exception.

For what it's worth, nearly all inventions are combinations of known things.  Invention tends to be incremental.  Now, I'm going to embarrass myself by not remembering the source of this very famous quote (Einstein, I think -- perhaps Sir Isaac Newton): "If I've seen further than others, it's because I stood on the shoulders of giants."  -- a reference to those whose work preceded his.  Ironic quote, coming from one of the biggest giants ever. 

Regards.
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James D. Ivey
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ababab

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Re: Software Patent Question
« Reply #2 on: 12-22-08 at 03:40 pm »

Yes, Newton. 

Ironic that the latest steps in the evolution of U.S. patent law seem calculated NOT to reward incremental advances, by making them more difficult to protect by patent.
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