Patents

[frederic@neuretp.biol.ruu.nl]

>
>
>
>	I'm not sure if Luis B. Almeida's message is just a joke or something
>else, in that case,m I think I can patent the weel. This is one of the most
>used things in the world, and not only by computer scientist, but by
>everybody, so.... I must chec first if it is patented and in that case, I can
>act... 
>	Anyway, I don't know about laws, but I think that nobody should be
>able to patent something (algorithm or not) previously used by other people,
>who didn't patented it.
>
>					Ignacio Bellido

I am glad that someone else thinks the same thing.  It is either a joke, or 
something strange is going on. As I remember what I have heard about patent law, you 
cannot patent something that has been in the so called 'public domain', i.e. in 
general public usage (at least in the US).  It must be something that is new and 
original, as well as useful, or a useful extension of a previously patented idea. 
There is also a condition that it not be 'obvious' to an expert in the field (which 
is a bit fuzzy, I think). Since the algorithms being refered to Almeida's message 
are in general 'public' use, I don't think that they would pass inspection of the 
patent department.

If Mr. Almeida would clarify why the above reasoning is wrong, or the conditions for 
patentability are not what I remember, I would be grateful.

>============================================================================
>Ignacio Bellido Fernandez-Montes,
>============================================================================

Eric Fredericksen
frederic at cs.unc.edu
Dept. of Computer Science, UNC-Chapel Hill
frederic at neuretp.biol.ruu
Dept. of Neuroethology, Rijksuniveriteit Utrecht, The Netherlands