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Hire a professional. 1) Neither question you ask can be answered with the information you gave, and even if you posted your application I doubt anyone would be willing to wade through it to give you an opinion for free. You have no idea how much effort what you are asking for requires, or what level of detail in the information you supply is required to ...


4

First I should note that the ratio in Alice, while easy to state, is rather hard to apply. Many words have been shed trying to characterise precisely what Alice-style abstractness really is. But the reality is, unless high courts rule further on this, we're left with working it out as we go. Nevertheless, I'm feeling brave, so I'll give it a go. For ...


4

A U.S. answer. Some things in the field you describe are patentable in the U.S. and some are not. Unfortunately, above novelty and non-obviousness, the current huge hurdle is abstractness. The law on this in the U.S. has changed in the last few years in the direction of making it much easier to shoot down something as abstract. The broader range of processes ...


3

My answer refers to European patent practice. Most probably you will not be able to get a patent granted for the method/algorithm if you do not refer it to a particular industrial application. Without claiming the different steps of the industrial procedure, the steps of your method/algorithm will be considered a mathematical method or a computer program as ...


3

My guess is that depending on the jurisdiction, yes you can patent an algorithm to predict sports outcomes. Whether you should is a different question. Eighteen months after you file an application it will publish which means everyone can see your algorithm. I'm assuming most people would use it for themselves such that it would be very difficult to prove ...


2

No. If a patent claim was so broad that manually performing the claimed algorithm by hand would infringe it, the patent claim would be invalid (and so could not be enforced). This is reasonably clear (in my view) from the line of US Supreme Court decisions beginning with Gottschalk v. Benson, 409 US 63 (1972), which provided: It is conceded that one may ...


2

As a preface to my answer, I have to stress that this is not really a settled area of law, and so it's impossible to give a confident answer. I can at best give my theory. A reader would need to consult with a good lawyer before going down this route. There are three types of infringement that are at issue here: direct infringement (35 USC ยง 271(a)), ...


2

To show something as "not new" there is no extra weight given to something really old. If it proceeds the priority date by a day, that's enough. If you look at the '587 patent you will see that most of the things mentioned in the article are cited on the face of the patent. That means they were taken into consideration by the examiner. You might note that ...


2

I'm not an expert in this nor a lawyer. My understanding is you can't patent an abstract mathematical algorithm in its own right. What you might be able to patent is the application of an algorithm to solving a specific problem. This is a bit of a moving target as there have been some recent legal decisions with regards to software patents. With regards to ...


2

Theorems are excluded from patentability. 35 U.S.C. 101 Inventions patentable. Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Emphasis added.


2

There is no technically correct answer under US law because the Supreme Court left patent eligibility a confusing mess. There is, however, a practical answer. The practical answer is to follow a "cover all possibilities" strategy. As a preliminary matter, consider filing in other countries where the law is better settled. Believe it or not, the patent ...


2

I agree with George White. I have several algorithm based patents. In all cases, they patent the application of a novel algorithm to solving a very specific problem (analysis of real time PCR results). I've been told (I'm not a lawyer myself) that an algorithm, by itself, would be considered "abstract" and thus unpatentable. Even if you decide on a specific ...


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It might be patentable in the U.S. but it would take very careful claiming to not be considered abstract. Unlike much of the rest of the world, a patent does not need to be "a technical solution to a technical problem" in the U.S. As an integral part of the patenting process your application will be published. If a patent is granted one has the ...


2

As George White stated with the same question on the Law SE site, it is very tricky to get an algorithm based patent. To get one with any real protection probably requires an accomplished patent attorney and would cost quite a bit. You'll have to file for each country you want protection in. Since you don't seem to be interested in monetizing the algorithm, ...


2

You need to look at whether you are simply describing how the patent functions or whether you are actually infringing the patent itself. You said you want to reproduce it in code - would that infringe a single independent claim of the patent? If so you are very likely infringing the exclusive rights granted to the patentee. However, some jurisdictions have ...


2

What you are asking about is patentability of software or algorithms. This is a tricky subject and there have been recent court decisions that have impacted this. I am not a lawyer but I do have a couple of algorithm patents. My best understanding is that in the US you can patent the application of a specific algorithm to a specific need. For instance, I ...


1

You cannot patent the process or the indicator in Europe. Neither one of those solves a technical problem, which is one of the requirements for an invention to be patentable, namely inventiveness or inventive step. Even with a highly skilled patent attorney any European patent office, including the European Patent Office, will not grant a patent because both ...


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I am not a patent attorney so this advice is probably inadequate. That said, I do have several algorithm based patents so perhaps my insights are of value. My understanding is that abstract mathematical algorithms are simply not patentable. However, the use of an algorithm to solving a specific technical application may be patentable. If you are just ...


1

It is possible but it would need to be applied to some useful end. Using the terms algorithm and mathematical law in the text of a patent application would liking get it rejected out of hand unless phrased very carefully.


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For patents issued before June 5, 1995 and which expired after that date, patent terms were either 17 years from the grant date, or 20 years from the application date whichever was later. This patent should have expired no later than September 5th, 1999. This is a pretty early software related patent. One of the issues with software patents is that patent ...


1

You cited a patent application rather than a granted patent. The granted patent corresponding to the application is US6859151B. Granted patents often have narrower claims than applications. Here is the first claim: A coding transformation method, used to transform an arbitrary input bit-string data into a sequence of printable ASCII characters, the ...


1

If your idea is novel and non obvious, you can consider filing a patent. It is probably a good idea to search for patents of the other players you mention and try to find other prior art. If you still think your idea is patentable, the next step is to discuss this with a patent lawyer. Doing your own prior art search and providing a detailed written ...


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It is impossible to give a complete answer without carefully considering what the patent claims are and what your new code or product does. Since people here don't know about your project, they can't conduct the necessary analysis. However, dividing each video frame into a plurality of detection regions and applying the final filter to each region. ...


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