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[Jann M. Thomas]

Greetings.

I am an electronics engineer. My field of work demands a lot of problem solving and the involvement of mathetical equations and numerical analysis.

This week, I have developed a manual or non-electronic/non-computational approach of solving the unknowns of a sparse matrix, with n-variables and n-equations. Can I patent this method and possibly name it?

[khazzah]

The easiest question to answer is: "Can you patent a mathematical algorithm per se"? I think almost all here would agree the answer is: NO. I'm assuming that, by definition, an algorithm per se isn't tied to a particular machine and doesn't transform an article.

A slightly harder question to answer is: Can you patent a mental/non-computer implementation of a mathematical algorithm? I think the consensus is still: NO. Once again, an algorithm performed in someone's head isn't tied to a machine and doesn't transform.

The harder and more interesting question is: Can you patent a computer program that implements a mathematical algorithm?

The law on this point is...well...unsettled right now. We're all awaiting a Supreme Court decision in the Bilski case which may shed some light on this. [Though I don't expect it will.]

As a practical mater, I can tell you that if you were prosecuting such a patent application *today* that included a claim to a computer-implemented algorithm, you would absolutely have a tough time getting that claim issued.

Of course, you haven't even *filed* a patent application yet. None of us can predict what the law will say on this point 3+ years from now when your patent enters prosecution, much less 5+ years from now when your patent finishes prosecution, and certainly not 7+ years from now when your patent is litigated.

[Examinerguy]

Yeah...can't file a non-electronic algorithm. If the algorithm is unique and non-obvious you may want to tie it to some sort of machine. Even more, you should try to find an application where the algorithm could be used and having a computer using your algorithm to obtain solutions for your chosen application.