Submitted by t0t0t4t4 t3_10zzm18 in MachineLearning
cdsmith t1_j8gpcrf wrote
Reply to comment by womenrespecter-69 in [D] Can Google sue OpenAI for using the Transformer in their products? by t0t0t4t4
We're off-topic for this forum, but since we're here anyway...
Patents are tricky when it comes to stuff like this. To successfully patent something software related, you must be able to convince the patent office that what you're patenting counts as a "process", and not as an "idea", or "concept" or "principle" or "algorithm", all of which are explicitly not patentable. The nuances of how you draw the lines between these categories are fairly complex, but in general it often comes down to being able to patent engineering details of HOW you do something in the face of a bunch of real-world constraints, but not WHAT you are doing or any broad generalization of the bigger picture.
It's likely that Swype didn't just screw up and write their patent poorly, but rather wrote the only patent their legal team could succeed in getting approved. If it didn't apply to what other companies did later because they used a different "process" (for nuanced lawyer meanings of that word) to accomplish the same goal, that is an intentional feature of the patent system, not a failure by Swype.
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