An American novel invention features a new industrial measurement process and is implemented by configuring COTS (commercial off the shelf) computers and COTS software to measure and calculate a utilitarian result. Hardware is not modded in any way, however, in the course of integrating COTS hardware components, software was developed to control the COTS components and produce the result.
Can more than one 'Statutory Class' be claimed by an invention?
If yes, Which of these Statutory Classes apply and why?
- Process: Software processes
- New uses of the above
I believe that a strong argument for line-item 1. In contrast the examples I have see for line-item 3 seem to exclude a COTS measurement process.
With regard to machines classification, if the device can be implemented all COTS parts, is the invention precluded from being classified as a machine, because it is a combination of existing (patented) parts?