Labs and Lab Staff (higher education), and fancy equipment, all cost money... if breakthru, then pro
Posted by: Anonymous
on March 02, 2008 11:57 AM
Software can be developed on a $200 laptop under a tree. Software is just taking something that is already OBVIOUS and most likely being done in an analog sense, and just speeding up the clock and make it go faster. It is OBVIOUS that computer just make analog process, such as the decision to buy (one click) quicker. Nothing new there. Just a patent office, and court system with lawyers who don't understand that Intel when it develops a chip (and patents the design), actually could prevent any uses of the chip, or could require an amount of money to be paid to them for the uses that are developed for that chip... the chip defines what you can do or can't do. The chip is the chalk board, and the chalk, the software is just what is written on that invention... like words to a story... nothing new, and dependent on copyright.
Drugs, take huge investments, and time to explore ideas that are so new, that don't come out of thin air, that in labs that cost HUGE amounts of money to run, and after all that because what is being done is so NON-OBVIOUS that there is a risk that nothing useful is invented or discovered at all. When something is found out, like a cure for HIV/AIDS (obviously a non-obvious discovery, as many have been trying for over 10 years to find out the answer to this mystery with everyone striking out), well if such a discovery is made, with the HUGE cost to get there, then a patent just says that the company that finds this answer can have a monopoly for X amount of time in order to recover and profit from this NON-OBVIOUS discovery.
Computer software = Obvious, as it is just taking analog and moving it to a quicker "digital" (note that digital is not a noun and really is imagined if you look at what it really is, or is not). It is just math.
Designs or Drugs, or physical discovery = has to be NON-OBVIOUS to be protected... meaning you can't simply dream up something where you take this item and mix it with that item, and you have this... like the Supreme Court saying that taking a gas and brake pedal (invented long ago), and a sensor (invented long ago), and idea to make this combination adjust to folks with short legs (seat adjustments and this idea, was invented a long time ago), and SO this is OBVIOUS and can't get a patent.
Drug designs? Are NON-OBVIOUS... otherwise, we would have a cure for everything right now.