Grant Robertson wrote:
> In article <578dj2F2bl2ngU1@m...>, peter.nosp@m... 
> says...
>> XML (the concept, ie the standard) is neither software nor hardware, and 
>> as far as I know it is therefore not patentable. I know that won't stop 
>> the USPO allowing someone to patent it, but we'll cross that bridge when 
>> we come to it.
> 
> The Open Document Format standard is neither software or hardware and it 
> has a patent. So does Dell's business process. There is no requirement 
> that something be software or hardware for there to be a patent. 

Sorry, my fault: I was just doing something else with software patents 
when I read the post, and I meant XML is not patentable as a piece of 
software. You can indeed patent anything you like in the USA, regardless 
of whether it makes sense to or not. Patents can also be used 
defensively, to prevent others less scrupulous from patenting ideas not 
theirs.

> I'm not looking for arguments or speculation as to whether it logically 
> should or should not have a patent. I just want to know if anyone knows 
> for sure whether it does or does not have a patent. 

I've never heard of one, but in the current circumstances I don't think 
anyone is in a position to certify that it does or does not have a patent.

///Peter