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Ask HN: Do you patent your software projects?
1 point by kgermino on April 29, 2010 | hide | past | favorite | 4 comments
In class today my teacher mentioned that most small coders don't bother filing patents for their programs because it's too expensive to be worth it. Is this true in the "real world"?



What class, what school, which country?

Generally, it's very rare for a 'program' to be patented. What usually gets patented is algorithms and frameworks.


It's an Electrical Engineering class at Marquette in Milwaukee WI USA. But it was more an offhand comment by the teacher than a part of the lesson.


As another offhand comment, a lot of people believe that algorithms are not patentable.

From http://www.lawtechjournal.com/notes/2003/10_030727_fagerland...

/* "You can't patent an 'algorithm'" */

Not true. An algorithm, even a mathematical algorithm, is patentable unless (1) it is not sufficiently disclosed to overcome the "abstract idea" exception, or (2) it is executed with no useful application in mind.26 This description of just what an "algorithm" is may be helpful: "Although one may devise a computer algorithm for the Pythagorean theorem, it is the step-by-step process which instructs the computer to solve the theorem which is the algorithm, rather than the theorem itself."27 Under Alappat, the algorithm might be patentable. The theorem itself, being an abstract idea, certainly would not.


And many, many coders are so averse to this idea, so they do not do this obnoxious stuff.




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