2012年7月3日 星期二

REISSUE的一個應用

http://enpan.blogspot.tw/2008/12/251-reissue.html
RE-issue(再領證)可以讓申請人在專利獲准後仍有修正的空間,甚至包括在領證日後兩年內可擴大實質範圍,當然仍須原來的說明書支持

此例為蘋果公司在獲准專利後,更具技術演變時,也提出再領證來獲取更為合用的範圍:
http://enpan.blogspot.tw/2010/01/reissue.html

RE38104案揭露一種混合型的程式編譯/解譯器(compiler/interpreter),提供的解譯器分為處理symbolic reference與numerical reference兩種,在編譯程式以前將symbolic reference改寫為numerical reference,可提昇編譯速度...。此案發明人即為Java的發明人:Gosling; James

此例中,原本專利為US5,367,685


母案的專利範圍之一為一方法範圍:

1. In a computer system comprising a program in source code form, a method for generating executable code for said program and resolving data references in said generated code, said method comprising the steps of:
a) generating executable code in intermediate form for said program in source code form with data references being made in said generated code on a symbolic basis, said generated code comprising a plurality of instructions of said computer system;
b) interpreting said instructions, one at a time, in accordance to a program execution control;
c) resolving said symbolic references to corresponding numeric references, replacing said symbolic references with their corresponding numeric references, and continuing interpretation without advancing program execution, as said symbolic references are encountered while said instructions are being interpreted; and
d) obtaining data in accordance to said numeric references, and continuing interpretation after advancing program execution, as said numeric references are encountered while said instruction are being interpreted;
said steps b) through d) being performed iteratively and interleavingly.

獲准專利多年之後,申請人(Sun)透過Re-issue將原本僅有10項範圍的專利,一舉把權利範圍增至41項,判斷是用來進行專利訴訟或是授權使用的,因為新增範圍有個特點,就是較「硬」,具體地主張硬體裝置的專利範圍,在此純軟體專利來看,自然是引用記憶體儲存執行相關方法的程式碼;或是引入一個處理器執行該方法的程式集;或是一個記錄相關程式集的儲存媒體等的方式進行撰寫。

reissue新增範圍:
11. An apparatus comprising:
a memory containing intermediate form object code constituted by a set of instructions, certain of said instructions containing one or more symbolic references; and
a processor configured to execute said instructions containing one or more symbolic references by determining a numerical reference corresponding to said symbolic reference, storing said numerical references, and obtaining data in accordance to said numerical references. 

12. A computer-readable medium containing instructions for controlling a data processing system to perform a method for interpreting intermediate form object code comprised of instructions, certain of said instructions containing one or more symbolic references, said method comprising the steps of:
interpreting said instructions in accordance with a program execution control; and
resolving a symbolic reference in an instruction being interpreted, said step of resolving said symbolic reference including the substeps of:
determining a numerical reference corresponding to said symbolic reference, and
storing said numerical reference in a memory.

19. A memory for use in executing a program by a processor, the memory comprising:
intermediate form code containing symbolic field references associated with an intermediate representation of source code for the program,
the intermediate representation having been generated by lexically analyzing the source code and parsing output of said lexical analysis, and
wherein the symbolic field references are resolved by determining a numerical reference corresponding to said symbolic reference, and storing said numerical reference in a memory.

25. A data processing system, comprising:
a processor; and
a memory comprising a program comprised of bytecodes and instructions for causing the processor to
(i) determine immediately prior to execution of the program whether a bytecode of the program contains a symbolic data reference,
(ii) when it is determined that the bytecode of the program contains a symbolic data reference, invoke a dynamic field reference routine to resolve the symbolic data reference, and
(iii) execute thereafter the bytecode using stored data located using a numeric reference resulting from the resolution of the symbolic reference.

41. A computer program product containing control instructions for causing a computer to perform a method, the method comprising:
receiving a program formed of instructions written in an intermediate form code compiled from source code;
analyzing each instruction to determine whether it contains a symbolic field reference; and
executing the program by performing an operation identified by each instruction, wherein data from a storage location identified by a numeric reference is used thereafter for the operation when the instruction contains a symbolic field reference, the numeric reference having been resolved from the symbolic field reference.

使用美國「再領證」程序補入各種範疇的權利範圍是個不錯的手段與策略!
Ron

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