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Simplex noise is patented in US6867776 B2 but it was published in Mar 15, 2005 before Alice Corp. v. CLS Bank International in 2014 where the US Supreme Court said that merely saying apply it with a computer is not enough to confer patent eligibility. Does this mean that the Simplex noise patent is invalid? The patent (IMHO) just says apply the formula with a computer for generating images and display them.

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Alice is more complicated than that, and the fallout of the ruling is just starting. Some issues are: Can you do it in your head? Is what the computer is doing something old or something new? Until a court of the USPTO takes some action, all granted patents stand in force.

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  • Thanks for the information. Is it to bad that the patent system is very unclear about this.
    – qbt937
    Nov 15, 2014 at 2:41

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