getting into the heads of the patent examiners...

[Feivi18]

What is the name of your state? NY and Int"l

I've been doing some patent searches to corroborate an idea, and I'm somewhat perplexed at some of the patents I've seen granted. Two examples, 4807169 and 5832446. If you wade through all the technical and fancy-sounding terms, what you're really left with is the following: a computer which displays cooking recipes, menus, etc.

So I'm trying to understand what exactly is patented here? The hardware described in the patents by itself is nothing but a computer, which obviously couldn't be patented. Is it the software only that's patented, in which case the vast majority of recipe software available today would be infringing on the patents? Doesn't seem like it, as there is a lot of detail on the hardware components of the patents. Is it the idea of combining the two? If I would sell a computer that only has cooking software on it, would I be infringing on this patent?

I'm just trying to understand things through the eyes of the patent office. What exactly did they give a patent for?

TIA!

 

[divgradcurl]

Read the claims -- that's what is patented. All of the stuff in the drawings and written description are there to help understand what the claims mean, and the claims are oftentimes far, far narrower in scope than what it disclosed in the specification.

I have not looked at the patents referenced, but it sounds as if what is patented is a "business method," so not exactly the hardware, or the software, but a method for implementing a particular business method.

 

[Feivi18]

thanks for the response. The claims for one of them are really short:

"What is claimed is:

1. Information device concerning food preparation comprising:

data storage facilities for storing programs representing a description of ingredients;
including basic feed stuff and relative quantities as they relate to particular dishes and meals, and (b) description of preparation and combination of a plurality of individual dishes and meals;
keying means for calling on said information in sequence or at random; and
display means for displaying said information on call, including particularly associative display of information on ingredients and rules for preparation of one or more particular dishes and meals.

2. Device as in claim 1 and including an input/output module connected to said keying means as well as a microprocessor and a bus interconnecting said input/output modules and microprocessor and storage facility for menu combining programs, the programs for the preparation of dishes and menus, and identifying data for food items."

BAsically what I said, no? A computer which displays recipe and menu etc information.

I'd appreciate your further input on this...!

 

[divgradcurl]

The problem with business method patents is that they are a fairly recent animal -- before 1998, it was almost impossible to patent a business method patent on its own. Since business methods patents are, for all practical purposes, a fairly recent thing, the USPTO didn't have a history of patents and other materials available to check for obviousness and anticipation, so a lot of stuff that really appears obvious got through, especially in the begining. Things are begining to tighten up, but a lot of pretty sketchy stuff got through. That's probably where this patent came from.