九年级英语 Inventions Without Inventors 课件.ppt

Program-Created Inventions:Software Patentability and Beyond The Software Patent Controversy Is software patentable subject matter? Current legal answer: qualified “yes” At least two parts to question: What is software? Should it be patentable? Arguments persist about both (1) and (2) The Argument from Intangibility Software is argued to be intangible because: Programs are procedures, algorithms, ideas, mental processes, or mathematical constructs, all of which are intangible Programs are embodied in electrical signals, which are intangible Why Does Tangibility Matter? Patent law protects practical applications of ideas Patent law has (had?) a physicality requirement, both for products and processes Abstract ideas, laws of nature, and natural phenomena not protected Therefore, tangibility question is critical Consider the following thought experiment The Automatic Building Company (ABC) ABC’s promise: you give us a description of a machine and we’ll build it for you Selling points: Description may be in functional terms May describe novel function/procedure ABC as Inventor ABC exhibits same externally-observable behavior as inventors Input: functional description Output: physical machine This input-output transformation traditionally has required physical creativity Example: Morse The Catch ABC requires your machine description (specification) to be written in a special language The language is similar to structured (procedural) programming languages Includes commands representing operations to be performed on data Example: Antilock Braking System You design an algorithm for controlling an antilock braking system Specification Describes relationship between brake pedal force and pattern of forces to apply to brakes Resulting machine can be connected between brake pedal and brakes Tests confirm better performance than previous systems Looking Inside the Box You open the antilock brake controller Contains circuitry You don’t understand it Benefits of the Automatic B