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Thread Subject:
patent a matlab gui?

Subject: patent a matlab gui?

From: dc

Date: 2 Dec, 2006 14:30:11

Message: 1 of 4

Hi,

I'm wondering if it is possible to patent a GUI created by MATLAB.
(it is compiled into a stand-alone application).

Does anyone have any insight into this? Much appreciated.
-DC

Subject: patent a matlab gui?

From: John D'Errico

Date: 2 Dec, 2006 15:07:59

Message: 2 of 4

dc wrote:
>
>
> Hi,
>
> I'm wondering if it is possible to patent a GUI created by MATLAB.
> (it is compiled into a stand-alone application).
>
> Does anyone have any insight into this? Much appreciated.
> -DC
  

Gut feel says no. But you should
consult with a patent attorney.
I'd think that copyright law
would apply to the gui itself.
On the other hand, I've been
surprised several times at the
things for which I was allowed
patents.

You may find the ideas behind
the gui to be patentable. This
would not be a surprise.

John

Subject: patent a matlab gui?

From: Carlos López

Date: 3 Dec, 2006 09:11:26

Message: 3 of 4

dc wrote:
>
>
> Hi,
>
> I'm wondering if it is possible to patent a GUI created by MATLAB.
> (it is compiled into a stand-alone application).
>
> Does anyone have any insight into this? Much appreciated.
You should distinguish between "patent" and "artistic creation".
Every piece of software might be considered an artistic creation,
because of its uniqueness, etc. At least in some countries it is the
single way to be protected.
You might be granted a "patent" for a more general work, i.e. the
windows system by Xerox or alike.
Notice (if matters to you) that "artistic creation" has a protection
for the entire life of the designer, while a "patent" is only for
15-20 years, depending of course in the local law.
In this case I think that you might at most apply for mere software,
not patent. But, as John said, it is better to ask a lawyer. By the
way: there are some books for those who want to go alone in the
"patenting" process.
Regards
Carlos

Subject: patent a matlab gui?

From: Mike Stachowsky

Date: 3 Dec, 2006 10:22:30

Message: 4 of 4

Software itself is not patentable, but the underlying algorithms that
created it are. for instnace, Matlab GUI source code, if it is
unique, novel, and useful (clearly its useful) could be patented by
MathWorks, but Matlab itself could not be.

In your case, the algorithm you use for whatever the program actually
does, provided that no one has already patented it, is patentable,
but the GUI is not. As someone said above, the GUI and all software
is copyrightable.

Mike

 Carlos López wrote:
>
>
> dc wrote:
>>
>>
>> Hi,
>>
>> I'm wondering if it is possible to patent a GUI created by
> MATLAB.
>> (it is compiled into a stand-alone application).
>>
>> Does anyone have any insight into this? Much appreciated.
> You should distinguish between "patent" and "artistic creation".
> Every piece of software might be considered an artistic creation,
> because of its uniqueness, etc. At least in some countries it is
> the
> single way to be protected.
> You might be granted a "patent" for a more general work, i.e. the
> windows system by Xerox or alike.
> Notice (if matters to you) that "artistic creation" has a
> protection
> for the entire life of the designer, while a "patent" is only for
> 15-20 years, depending of course in the local law.
> In this case I think that you might at most apply for mere
> software,
> not patent. But, as John said, it is better to ask a lawyer. By the
> way: there are some books for those who want to go alone in the
> "patenting" process.
> Regards
> Carlos

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