Difference between revisions of "Software is math"
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* {{lang de}} http://www.users.sbg.ac.at/~jack/legal/swp/tech-turing-lambda.pdf | * {{lang de}} http://www.users.sbg.ac.at/~jack/legal/swp/tech-turing-lambda.pdf | ||
* [http://en.wikipedia.org/wiki/Church%E2%80%93Turing_thesis Wikipedia: Church-Turing thesis] | * [http://en.wikipedia.org/wiki/Church%E2%80%93Turing_thesis Wikipedia: Church-Turing thesis] | ||
− | * Counter view: [http://www.ipwatchdog.com/2008/12/15/computer-software-is-not-math/ Computer Software is Not Math] | + | * Counter view: [http://www.ipwatchdog.com/2008/12/15/computer-software-is-not-math/ Computer Software is Not Math]; [http://andrewchin.com/chin/scholarship/abstraction-equivalence.pdf On Abstraction and Equivalence in Software Patent Doctrine: A Response to Bessen, Meurer, and Klemens] |
==References== | ==References== |
Revision as of 17:27, 23 April 2010
Mathematical formulas are generally recognised as non-patentable because math is not patentable subject matter.
Since the logic (idea) of software can be reduced to a mathematical formula (idea) with Church-Turing Thesis, and because mathematical formulas (idea) are not patentable, patent applications for software ideas should be rejected.
Respected computer scientist Donald Knuth makes the argument:
To a computer scientist, this makes no sense, because every algorithm is as mathematical as anything could be. An algorithm is an abstract concept unrelated to physical laws of the universe.[1]
Case law in the USA
The non-patentability of math was confirmed in the case Parker v. Flook (1978, USA):
Respondent's method for updating alarm limits during catalytic conversion processes, in which the only novel feature is a mathematical formula, held not patentable under 101 of the Patent Act.
Related pages on ESP Wiki
- Anti-lock braking example - if the physical car invention is patentable, should an in-computer game-simulation be?
- Books:
External links
- (in German) http://www.users.sbg.ac.at/~jack/legal/swp/tech-turing-lambda.pdf
- Wikipedia: Church-Turing thesis
- Counter view: Computer Software is Not Math; On Abstraction and Equivalence in Software Patent Doctrine: A Response to Bessen, Meurer, and Klemens