Comment Re:Patent Law Explained (Score 1) 323
Mathematics will always be only a model of what occurs in the implementation. A physical device patent may also include a configuration of materials, treatments, dimensions, operating conditions, and other characteristics that contribute to the device operating as the mathematical model intends it to. In this way it is an implementation that can be considered non-trivial and innovative and much more than pure mathematics.
Software patents are largely math because the implementation in a device is carried out in the digital domain. I almost want to capitalize digital domain because it is very special. It is a contract that the analog reality of a computing system can be abstracted to transact purely in digital, generally binary, computations that will always give the intended digital output. Software is math because it must be according to the digital domain contract. Any computing system that fails to fully abstract the reality of the implementation into a purely digital construction is operating in error.
The only software patent that I see as worthy is RSA. But even there I think that it is the signing protocol that is innovative and I could be persuaded otherwise. The asymmetric computations that make it viable are too close to pure math to be patentable IMHO. RSA is tremendously valuable and it is difficult to imagine another way to do it. That makes a 20 year patent unpleasant but that alone is no reason not to grant the patent. The cotton gin seemed difficult to implement otherwise and very useful and it was certainly worthy of patent, though that patent was promptly ignored. In both cases the world probably benefitted from the public disclosure of the workings as described in full detail in the patent.