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Authored by: Wol on Saturday, June 15 2013 @ 04:52 PM EDT |
The four elements for patenting - process, machine, manufacture, composition of
matter.
You comment that I think only "process" should be patentable. But imho
that sort of encompasses the others.
"A machine for making swords" is the automation of a process. It can
be a trade secret. If I use it to make swords I can patent it - if I make the
machine to sell it as a product it can't be patented because it's not a trade
secret ... ;-)
Likewise "manufacture" - if it stays within my factory it can be a
trade secret therefore it should be patentable.
"Composition of matter" - well the manufacture of that can be a trade
secret ... dunno how this fits in. Now that these things can be analysed and
reverse-engineered I don't think this should be covered.
That actually would be a great reform - to say that if, by its nature (eg a
product for sale) something cannot be a trade secret, then it cannot be
patented. So in order to get a patent, some form of "secret" process
MUST be involved.
That ties in nicely with the requirement for advancement of knowledge.
Cheers,
Wol[ Reply to This | Parent | # ]
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