Some computer code is patented. What is it that qualifies computer code for a patent?

Question

Well, the Adobe Photoshop software has a lot of patents. If someone writes code for a web site and they write a new type of utility that no else has thought of, can they patent that code and prevent other people from writing code for that type of utility?

Answer 1

I'm not sure what you mean by patenting "computer code. I am not aware of any patent that claims computer code. If a patent claimed computer code, the patent would have little value since avoiding infringement would be very easy -- you simply rewrite the code. Maybe you can provide an example.

Generally speaking, the USPTO treats pure computer code as nonstatutory subject matter under 35 USC 101. That is, the USPTO does not currently allow you to patent pure computer code.

"Since a computer program is merely a set of instructions capable of being executed by a computer, the computer program itself is not a process and USPTO personnel should treat a claim for a computer program, without the computer-readable medium needed to realize the computer program's functionality, as nonstatutory functional descriptive material."

http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2106_01.htm

There are a number of ways to patent computer software. For example, one common way is to claim a computer readable medium which, when executed by a computer, performs a given method.

One way to protect pure computer code is copyright. However, there is a great deal of debate concerning whether the copyright laws are adequate protection.

Also, just to clarify what Richard says above, an invention does not need to be nonobvious to an "expert" in the field but rather "one of ordinary skill in the art." One of ordinary skill in the art may or may not be an expert in the field.

Edit: Annie, if you look at Adobe's patents, the computer code itself is not patented, but rather a process performed by the computer code is patented.

Generally speaking, computer software can be patented if the process performed by the software is novel and nonobvious. So if the utility performs a process that is novel and nonobvious, then yes, most likely it can be patented.

Answer 2

Generally computer code is patented by claiming a method for doing something. What makes it qualify for a patent is the same thing that makes anything else qualify. The method has to be NEW (never been done before) and it has to NOT be OBVIOUS in light of what has been done before.

Obvious is a pretty fussy word, and what is and isn't obvious is what your patent agent or attorney will spend time arguing with the patent office about.

If you don't find that answer, or any of the other answers satisfying, then perhaps you can get a better feeling for what might be patentable in software by reading a few of Adobe's patents.

You can download them from Google/Patents. Just type the patent number into the search window...click on the link in the search results that corresponds to the patent...

Answer 3

The same that qualifies any other invention for a patent.

It must be a new idea, not already in use, not obvious to an expert in the field, and not derivative of an existing idea.

Richard

Answer 4

A large company says its new -- it really was a multinational monopoly's attempt to hang onto the industry.

You will pay more -- Open source is under attack.

Answer 5

Says 'add my answer" ... I don't have an answer. :-(

Answer 6

that no-one else has written it before