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I believe that the USPTO will have disagreements on this. And like many policy issues there's going to be a bit of a Lemon test regarding what this means.

Of course a human needs to set up a program and run it. But I think that this policy is saying "you can't show up with an enumeration of a bunch of things in an attempt to 100% speedrun patents". Like at least prove you tried the thing out a bit!

"Did you come up with this idea?" can have different answers. "Yes" is one. "I wrote a program for a computer to apply a bunch of regression on other ideas and spit this out for me" is also "yes", but a different flavor that is closer to "No".




The USPTO likely figured this out 50+ years ago.

After all, there have been computer-generated writings and music for even longer than that.

In "Computer Music", Scientific American, Vol. 201, No. 6 (December 1959), pp. 109-121 , available at https://www.jstor.org/stable/pdf/24941187.pdf we can read about 'chance' and 'almost random' music:

> A second and rather well-known example of chance music is Mozart's "A Musical Dice Game." This piece, one of many similar "compositions" produced as parlor games in the late 18th century, consists essentially of several dozen as­sorted measures of music, the order of which is determined by rolling dice. A more modern random work, "Imaginary Landscape" by the American composer John Cage, is "scored" for 12 radios and thus derives a strong element of random­ness from regional and temporal varia­tions in radio programs. ..

> John R. Pierce of Bell Telephone Lab­oratories, an authority on information theory, has demonstrated other ap­proaches to the composition of simple "probability music." In one, a sequence of chords is chosen by means of dice rolls and a table of random numbers; in another, a series of volunteers each con­tributes a measure. A number of Euro­pean composers have produced more elaborate random music electronically by causing random sequences of electri­cal signals to trigger sequences of tones. ...

It then goes on to describe how the author worked on the Illiac Suite for String Quartet.

Again, this is the 1950s.


There is also the brute force approach (from 2020) to generate every possible melody and release it under the Creative Commons:

https://youtu.be/sJtm0MoOgiU


"I set up a program that truly randomly generates designs and another that verifies it for x purpose. This generated design is a novel one"

What would that count as?




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