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Modeling is an estimation of how something works, but it isn't the mechanism by which something works.

Let's look at a concrete example. Suppose someone produces a device that contains some generic components: a centrifuge, spectrum analyzer, etc. and sells this device on the market. Someone else comes along and develops software that, with the aid of one of these generic devices, can detect a blood defect or airborne pathogens or whatever. Do you agree that this software should be patentable?

Maybe you'd say that the software isn't patentable, but using the software with the machine is? And attempting to sell a clone of the software wouldn't be patent infringement per se, but if it was clearly intended to be used with the devices would be inducing infringement and also a tort?

If that's your position then we agree in spirit, I think, though I think that looks mostly like double talk to me. If you don't think such a device should be patentable on the grounds that the only new component is software, then we disagree.

What makes complex software more valuable than simple software?

I didn't say it was more valuable, and I don't think complexity should even be a requirement. It's just that software that pertains to the real world tends to be complex.



Do you agree that this software should be patentable?

No.

Maybe you'd say that the software isn't patentable, but using the software with the machine is?

No.

If you design a better blender, it is an visible improvement that can be immediately adopted by existing manufacturers before you can capitalize on your invention. There is little to prevent this from happening. It is unlikely that you will create a better blender, but should you manage to do so the people of the United State of America will grant you exclusive production for a limited number of years.

If you create software that better controls mixing equipment, you can license your software to existing manufacturers. You are protected from competitors by copyright and trade secret. You can license the idea to companies by developing software directly for their hardware and only providing them object code. If they create a new product based on reverse engineering your object code (clearly for reasons other than interoperability), you can seek damages.

Patents are for inventions which are expensive, visible, and not otherwise protected. Software, like literary works and the formula for Coke-a-Cola, has other protections. When patents are applied to industries where invention is common, hidden, and independent invention is likely, the system falls apart.




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