Laura:

While software once was generally not considered to be patentable, software
is now being patented at an increasing rate.  About 10,000 software patents
were issued in 1998, up from 1,000 or so in 1990.  Algorithms and
mathematical formulas are not patentable, but if software enables a machine
or a process utility/function it may be claimed (provided, of course, that
it meets the other patent requirements).  For example, we have a software
patent pending which we expect to issue shortly for an image morphing
program for improved film editing (and other uses).  Methods of doing
business are also patentable as established by a recent Supreme Court ruling.

It may be that you'll utilize both copyright and patent protection (and I
agree with Herb Chermside that there could potentially be some program
income issues).  I recommend that you run your ideas past a patent
attorney.  Anything patented with federal funding would be subject to
Bayh-Dole and the feds would be entitled to a royalty free nonexclusive
license.  Unless the market consists mostly of federal government agency
users, the effect on commercialization will be minimal.

Jeff Myers
Southern Illinois University

At 12:35 PM 10/21/1999 -0500, you wrote:
>Something else you should consider is that software is rarely patentable.

======================================================================
 Instructions on how to use the RESADM-L Mailing List, including
 subscription information and a web-searchable archive, are available
 via our web site at http://www.hrinet.org (click on "Listserv Lists")
======================================================================