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Subsections

Testing

Testing is used to determine whether or not a system conforms to its specifications.

Testing/Process

Consider the following invention in Testing/Process:

The state of the art consists of software engineering, in particular specification and testing. The technical content is the idea to start with test cases rather than to use them later in the life cycle. The inventive step is this reordering of the life cycle. A person skilled in the art is a software engineer. A typical infringement is a similar reordering of the life cycle.

Discussion

The actual description of this invention can be protected by copyright. Since this invention is close to a business process, it is not clear whether it can be protected by a patent.

Testing/Deliverables

Consider the following hypothetical invention in Testing/Deliverables:

The state of the art consists of software engineering, in particular testing. The technical content is the idea to display test coverage as a color-coded version of the source code. The inventive step the use of this color-coding. A person skilled in the art is a tester. A typical infringement is a testing system that uses color-coding for presenting test coverage.

Discussion

The actual form of the color-coded source may be protected by copyright. The idea itself can only be protected by a patent.


next up previous
Next: Conclusions Up: What is a software Previous: Implementation
Paul Klint 2006-06-02