Shorthand Method of Writing

[Benvolio]

This is proving to be a very difficult one - Looking for some help on pinning it down!

Main Question:
Is it possible/necessary to patent a system of writing based on English?

Bonus Question:
Can you patent a written code?

All help appreciated!

[Robert K S]

You're going to have to be more specific, but without disclosing the details of any invention you hope to patent.  Your question raises a plethora of issues and it cannot be determined which of them apply without more detail.  Especially, what is meant by "system" of writing?  Do you mean a method of writing (i.e., a sequence of steps to be taken to accomplish a writing) or a physical system that is capable of producing the writing (i.e., an assemblage of interconnected, interoperative components)?  Cf. In re Nuitjen, 500 F.3d 1346 n.9 (Fed. Cir. 2007) (discussing the Morse telegraph case, O'Reilly v. Morse, 56 U.S. (15 How.) 62 (1853), in which the Supreme Court approved Samuel Morse's claim 5 covering his "system of signs" (i.e., Morse code), 56 U.S. (15 How.) at 86).

Would the claims on the "system of writing" or "written code" cover a transient signal per se, like an electrical signal running through a wire?  Not patentable, see Nuitjen.  Would the claims cover what might be considered printed matter?  Not patentable, see, e.g., In re Ngai, 367 F.3d 1336 (Fed. Cir. 2004) (per curiam); In re Gulack, 703 F.2d 1381, 1385 (Fed. Cir. 1983).  Could the claims be considered as merely an attempt to computerize a conventional encoding process, or one that could be accomplished merely as mental steps, or by a person using pencil and paper, or would the claims otherwise tie up and preempt any use of a fundamental practice?  Not patentable, see Bilski, Alice, Mayo.

Would the claims possibly cover a machine of new and non-obvious design, having real utility?  Possibly patentable.  If you're just interested in suing as infringers everyone who uses a new shorthand writing method you came up with, you're going to have a hard time with that, for reasons that go far beyond considerations of patentable subject matter.

[Benvolio]

Many thanks indeed for your detailed response. Some clarification;

I am referring to a method of transforming alphabetical English into a shortened glyphic form that can be written with pencil and paper. It is not a machine or electronic system, but like traditional shorthand is an alternative way to write English. The method itself is specific and relatively complex, and features custom characters which have been designed by myself.

I would like to release this system into the world for free - My only concern being that someone attempts to make money from it, which I would like to avoid. This is my only reason for exploring patents. Ideally I would also like to have some control over where and how the system is applied.

I'd love to know how the creators of well established short hand methods have managed their public use...

I hope that helps and thanks again!

[Robert K S]

It seems to me that what you are asking for is the ability to patent a language.  I'm not aware of any successful examples of this, but moreover, I'm not sure how you will endeavor to "control" the use of this language once it is unleashed unto the world, patent or no.  You might be able to make a buck by authoring, copyrighting, and selling the materials that teach how this language may be written and read.  You might trademark a brand name used in association with your materials or services.  A patent on a language would seem difficult to obtain and harder still to enforce.

[MYK]

I am referring to a method of transforming alphabetical English into a shortened glyphic form that can be written with pencil and paper. It is not a machine or electronic system, but like traditional shorthand is an alternative way to write English. The method itself is specific and relatively complex, and features custom characters which have been designed by myself.

You may want to look into what protections Palm had for its writing system, "Graffiti".  The Wikipedia entry mentions other systems, which were patented.

https://en.wikipedia.org/wiki/Graffiti_%28Palm_OS%29

Xerox's patent was invalidated because of prior art, not because their writing system was inherently unpatentable.  However, there has been quite a lot of caselaw since then which may have thrown this into unpatentable territory.  Also, you mention that yours is for writing on paper, not for computer input, which seems more clearly to fall into "organizing human behavior" or "things that can be done with pen and pencil", which courts don't seem to like any more.

I would like to release this system into the world for free - My only concern being that someone attempts to make money from it, which I would like to avoid. This is my only reason for exploring patents. Ideally I would also like to have some control over where and how the system is applied.

I've never really understood that logic -- "I give this gift to the world!  Hey, you, stop trying to use it with something you're making money off of!!!"  If someone writes a book on how to use it, and sells copies, are you going to sue them over it?

Do keep in mind that the government isn't going to step in and say, "Hey you, you're violating that guy's patent!  Stop it!"  YOU have to sue to enforce your patent against infringers.  If you don't sue, they can keep using it.  The same holds for trademarks, although trademark suits are at least a lot less costly.  Still, you will have to spend money to enforce it all, and if you're not making any money off the system, well, it's your money.

[Benvolio]

Big thank you for the information folks! Very much appreciated indeed.