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Author Topic: Claiming "interface", "software", "program", etc.  (Read 809 times)

oddtimeflux

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Claiming "interface", "software", "program", etc.
« on: 03-01-10 at 02:55 am »

As per the subject, are these elements which can be claimed?

Such as in this example:
"An interface comprising a menu..."

What about "front-end", "interface element", "visual symbol", etc. ?
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JimIvey

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Re: Claiming "interface", "software", "program", etc.
« Reply #1 on: 03-01-10 at 01:46 pm »

Well, it's a bit of an art in and of itself to claim those things.  Yes, you can claim them, but generally not with those words. 

For example, you'd have a hard time claiming an "interface" but you'd have a much easier time claiming a computer implemented method in which cues are presented to a user through one or more computer output devices and receiving responsive signals generated by physical manipulation of one or more computer input devices by the user.

I'm not sure exactly what the difference between "software" and a "program" is, though I've built many of both (I think they're the same thing).  However, the former is eligible for patent protection while the latter is not.

Software can be claimed a number of ways.  One is the computer-implemented method mentioned above.  Another is a computer readable medium on which is stored computer instructions that, when executed by a computer, cause the computer to perform the same method.  Yet another is a computer system that includes a processor and a memory operatively coupled to the processor and a module that is stored in the memory and that executes in the processor from memory to cause the computer to perform the same method.

Be ready to see lame rejections based on excessively distorted readings of Bilski.  That might be mitigated somewhat when we hear from the Supreme Court on that.

Regards.
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oddtimeflux

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Re: Claiming "interface", "software", "program", etc.
« Reply #2 on: 03-01-10 at 10:50 pm »

Well, it's a bit of an art in and of itself to claim those things.  Yes, you can claim them, but generally not with those words. 

For example, you'd have a hard time claiming an "interface" but you'd have a much easier time claiming a computer implemented method in which cues are presented to a user through one or more computer output devices and receiving responsive signals generated by physical manipulation of one or more computer input devices by the user.

Yeah, that's indeed another way to say "interface" :)

I'm not sure exactly what the difference between "software" and a "program" is, though I've built many of both (I think they're the same thing).  However, the former is eligible for patent protection while the latter is not.

That's what I thought. While program is generally used by programmers (what a coincidence, huh?), it seems to be too broad, which is why I thought I'd check.

Be ready to see lame rejections based on excessively distorted readings of Bilski.  That might be mitigated somewhat when we hear from the Supreme Court on that.

I'm ready :)
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