4 votes
Accepted

Is it possible to patent a new general method of optimizing some industrial processes?

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 ...
George White's user avatar
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4 votes

How does a patent owner establsh that a patent that includes an algorithm is infringed?

In civil lawsuits, including patent infringement,there is something called discovery where a judge requires the defendant to expose information relevant to the case to the plaintive. Also, patent ...
George White's user avatar
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3 votes
Accepted

How does a patent owner establsh that a patent that includes an algorithm is infringed?

George White's answer succinctly gives an answer to this question in its context, the only thing I could add from a more technical perspective, since I sense there is some curiosity from that angle is ...
PatentosPite's user avatar
3 votes
Accepted

Separate or single provisional patent application/s for an algorithm and presentation

As @EricS mentioned, the word algorithm will trigger the word "abstract" which is hard to get around once it is invoked. It doesn't really matter if it is one or two provisional applications ...
George White's user avatar
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3 votes

Is it possible to patent a new general method of optimizing some industrial processes?

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 ...
the Europeist's user avatar
3 votes
Accepted

What concrete lessons should software patent applicants learn from Alice vs CLS Bank?

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 ...
Maca's user avatar
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2 votes

I authored a new mathematical theorem so: Is it patentable, is scholarly publication an advantage, where should I patent it?

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 ...
Eric S's user avatar
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2 votes
Accepted

Can I patent a sports prediction model?

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 ...
Eric S's user avatar
  • 11.1k
2 votes

How to determine eligibility for software patents?

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 "...
Gary S's user avatar
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2 votes

I want to know if I can patent such algorithm?

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)....
Eric S's user avatar
  • 11.1k
2 votes

Is possible to patent a trading algorithm (indicator)

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 ...
George White's user avatar
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2 votes

Is possible to patent a trading algorithm (indicator)

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 ...
Eric S's user avatar
  • 11.1k
2 votes

Can I patent a calculation method or application, that uses previously undefined variables?

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 ...
Eric S's user avatar
  • 11.1k
2 votes

Separate or single provisional patent application/s for an algorithm and presentation

Regarding the decision of filing one or two provisional applications, George White's answer is very on point. You should be aware though that presentations of information are not patentable in many ...
the Europeist's user avatar
2 votes

Separate or single provisional patent application/s for an algorithm and presentation

As previously mentioned, this is a challenging area for patentability and it is more important that you draft the application in sufficient detail to describe the practical application of the ...
ipesqnyu's user avatar
2 votes

In India, why can't we patent an Algorithm?

Your question is best thought of as: why is a process usually patentable (if innovative and nonobvious and meeting several other conditions) but an algorithm never is? This question is especially ...
Andreas ZUERCHER's user avatar
2 votes

Can a backend algorithm be patented?

Yes - a process that is not externally visible can be patented. Most manufacturing process are not externally visible. While a patent must show how to use the invention, a later, optimized, ...
George White's user avatar
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2 votes

requirements to patent an algorithm of app

Often wisdom is found in the converse of the question as posed: If a competitor simply randomly selects a match between pet-owners & pet-walkers, then that competitor likely has bypassed your ...
Andreas ZUERCHER's user avatar
1 vote
Accepted

Can a backend algorithm be patented?

You also embedded a second question: Is there any reason to patent this algorithm, since nobody will know hows its done anyways? If the code is truly not reverse engineerable, then there is not much ...
Eric S's user avatar
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1 vote

requirements to patent an algorithm of app

Processes can be patented. The law is "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof". A serious of steps is a process ...
George White's user avatar
  • 28.8k
1 vote

In India, why can't we patent an Algorithm?

I am not a lawyer and do not know the IP laws in India. However, algorithms are generally considered abstract and not patentable. The application of a novel algorithm to solving a tangible problem ...
Eric S's user avatar
  • 11.1k
1 vote

Is possible to patent a trading algorithm (indicator)

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 ...
the Europeist's user avatar
1 vote

How to determine eligibility for software patents?

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 ...
Eric S's user avatar
  • 11.1k
1 vote

I want to know if I can patent such algorithm?

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 ...
George White's user avatar
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1 vote
Accepted

Blog post explaining a patented algorithm

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 ...
Nicole Murdoch's user avatar
1 vote
Accepted

Validity of patent on Merkle Trees

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 ...
Eric S's user avatar
  • 11.1k
1 vote
Accepted

How can I identify the usage implications of this granted patent for the base91 encoding algorithm?

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 ...
Eric S's user avatar
  • 11.1k
1 vote

Can i patent mobile app algorithm

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 ...
Eric S's user avatar
  • 11.1k
1 vote

Am I allowed to use a published algorithm which is an improvement to a patented algorithm?

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 ...
Riccati's user avatar
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