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Comment on A new target for tech patent trolls: cash-strapped American citiesparent

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But that's exactly what most software patents are, they don't really patent how to do something but cover the outcome or the concept.

For instance, if someone invents a machine that takes a chunk of wood and makes a toy piano out of it can get a patent on the device. But someone else can invent a completely different, or even possibly slightly different, device that creates a similar toy piano and not infringe on the patent. But if it worked like software patents then it would be illegal for anyone to build little toy pianos, regardless of how, that are similar to the first patent on the concept.

As an example, Apple has a patent on slide-to-unlock on a predetermined path. This means that no one can create a slide-to-unlock on their system even it has completely different code, graphics, design, etc, if the thing slides to unlock on a path. Apple owns the "concept" of sliding something along a predefined path for the purpose of unlocking a device.

Even worse, I'm not sure such patents even say how it's done. It's like having a patent on a box with a button that pops out cupcakes when said button is pressed and declaring that no one ever again shall make a box that pops out cupcakes. Without ever having to bother to explain how said box works.

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