Your program would infringe my patent. I think Hcho meant that when you draft the patent, you draft it in terms of an algorithm - though I also think he was sp

Your program would infringe my patent. I think Hcho meant that when you draft the patent, you draft it in terms of an algorithm - though I also think he was speaking tongue in cheek. You could draft a patent that was specifically of one particular implementation, but it wouldn't give you much protection. Sometimes, people will describe the algorithm, and also supply a particular implementation (to prove that it really works). A long time ago, it was actually a requirement to supply a working model with each patent, and there's a museum of them somewhere. Aside: Actually, pure algorithms aren't patentable, because they are too abstract. For a software patent to be valid, it has to be inventive (non-obvious to one skilled in its field) with respect to the state-of-the-art (at that time it was invented). Bilski, the recent (US) patent case, held that you have to assess this inventiveness of the algorithm and its application to a problem as a whole. It's not enough to apply an algorithm in an obvious way (no amount of "post-solution activity" helps, if it's not inventive). I think this distinction of algorithm vs application is similar to product vs market. An algorithm is a solution, but it's not patentable unless it is a solution to a problem - and that taken together, is not obvious. A famous patent law case (whose name escapes me) involved a well-known chemical that was patented as a fertilizer. It wasn't previously realized that it could be used as a fertilizer - this was a non-obvious application of a known thing. OK, I'm sure that was more than you wanted.