I`m sure this has been asked before, but I couldn`t seem to find much with the search.
Can a custom algorithm be patented as well as the actual script the executes the algorithm?
I guess an example would be if there was a website that created horoscopes. You would enter all the specific information about you, birthday, height, sex, etc.. and then it would create a custom horror scope for you. Could the process of how the horoscopes is put together be patented?
Yes that thread does cover some of it, although it doesn`t address the realities.
You can attempt to patent it, however it depends on the use. It is rare for instance, for web code and algorithms to be patented. The first real patent for web scripts to be patented was Amazon`s "One Click" patent, and there was a large outcry about that.
You should really discuss that with an attorney of exactly what your code is trying to do, how accessible the code is to the public, how likely someone else would have been to think of that code, etc.
Jeffrey C. Neu, Esq.
Intellectual Property, Internet, and Technology Law
Posts and all discussion is for discussion purposes only and does not represent legal advice.
You should check out SEObyTheSEA, which is an SEO blog that analyzes search engine patents and associated legal documents.