genetic software patents (fwd)
---------- Forwarded message ---------- Sometime ago, I reported on a recent discovery of how gene sequences can be used for mathematical optimization calculations. The method, developed by Leonard Adelman (the "A" of RSA) provided a way of solving the Traveling Salesman Problem using gene sequences (interestingly, the paper by Hopfield that kicked off the neural network revival also solved the TSP). Computable genes blurs even more hardware and software (along with hardware/software codesign tools), but has yet to sink into PTO statutory and prior art thinking. In any event, the August 1995 issue of Dr. Dobb's Journal, page 127, has a nicely illustrated article titled "Biochemical techniques take on combinatorial problems". If you or your clients are interested in this new form of computing, get a copy of the article. Adelman's original paper titled "Molecular Computation of Solutions to Combinatorial Problems" and was in the November 11, 1994 issue of Science. While you are at it, get a copy of an article that appeared in the July 27, 1995 issue of Nature, page 307, titled "Protein molecules as computational elements in living cells". It starts out "Many proteins in living cells appear to have as their primary function the transfer and processing of information, rather than chemical transformation of metabolic intermediates or the building of cellular structures". Yet one more blur or "hardware" and "software". Geneware? A final article to get is "Circuit simulation of genetic networks", appearing in the August 4, 1995 issue of Science, page 650. It proposes to simulate genetic networks (such as the bacteriophage lambda lysislysogeny decision circuit) using the tools found in hardware/software codesign tools. With VHDL as a digital circuit language, and AHDL as a analog circuit language, are we going to need GHDL as a genetic circuit language? It is not hard to imagine in the future some VHDL code being mapped into software with standard translators, into hardware using cell libraries, and into gene sequences using sequence libraries interface to EDA design tools. Properly structured sets of claims under the Doctrine of Equivalents could claim coverage in all types of domains (in fact, the claims could be generated by the design tool itself using a "cell" library of claim clauses). Alternatively entire libraries of medical journals suddenly become potential software/hardware prior art. While practical use of the gene technique is years off, it does raise the issue of how the PTO is going to handle the prior art aspects, when gene technology now becomes software and hardware prior art (as soon as, if ever, the PTO first solves the software-software prior art problem, and then the software/hardware codesign prior art problem). Scientists are blurring the lines of computing much faster than the PTO can respond; for example, the proposed software patent guidelines reflect none of the above developments. Together these three papers represent the cutting cutting edge of issues that will be affecting the patenting world in the years to come. Read them now to get a jump.
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Brad Dolan