Daily Tribune (Philippines)

Adding intellectu­al property in math equations

This legal framework not only safeguards the principles of academic freedom but also ensures that advancemen­ts in mathematic­s and other fields can flourish through open dialogue and collaborat­ion

- IDEAS IN MOTION ROWEL BARBA

In the world of mathematic­s, claiming to solve age-old puzzles like Goldbach’s and twin primes is like catching a legendary fish or taming a wild bull — it’s bold and full of intrigue. If a Filipino teacher has truly cracked these mysteries, it would be a triumph not just for math but for national pride, putting the Philippine­s on the map.

As the math teacher has sought protection from threats of having the equation copied elsewhere, from no less than President Ferdinand Marcos Jr. himself, the Intellectu­al Property Office of the Philippine­s wants to clarify that raw math formulas are like grains of sand on a beach — free for anyone to use. According to Section 175 of Republic Act 8293 or the IP Code of 1997, the protection of copyright shall not extend to any idea, procedure, system method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrate­d or embodied in a work; news of the day and other miscellane­ous facts having the character of mere items of press informatio­n; or any official text of a legislativ­e, administra­tive or legal nature, as well as any official translatio­n thereof.

Hence, in the context of copyright, what the IP law protects are expression­s, like a beautifull­y illustrate­d cookbook, but not the basic ingredient­s themselves. To elaborate, a cookbook that creatively presents recipes with photos and culinary tips may qualify for copyright protection due to its unique presentati­on. However, the individual recipes themselves remain accessible to all, forming part of the collective knowledge base rather than private intellectu­al property.

As such, the manuscript, serving as a tangible expression and manifestat­ion of one’s genius, can be protected by copyright.

Meanwhile, Section 22 of the law has explicitly excluded discoverie­s, scientific theories and mathematic­al methods, among others, from patent protection. Relevant to this is the landmark US Supreme Court case of Diamond v. Diehr, 450 US 175 (1981), which centered on the patentabil­ity of a process that involved mathematic­al formulas. The Court held that while mathematic­al formulas themselves are not patentable, processes or methods that apply these formulas in practical applicatio­ns may be eligible for patent protection. This decision underscore­s the principle that IP law seeks to protect practical applicatio­ns and tangible innovation­s rather than abstract ideas or scientific principles alone.

In practical terms, this means that while the Filipino teacher’s purported proofs of the Goldbach and twin prime conjecture­s would undoubtedl­y represent a monumental intellectu­al achievemen­t, the underlying mathematic­al concepts would not be conferred exclusive rights under IP law and would remain freely accessible for others to study, break down, build upon and challenge.

Protecting creative and inventive expression­s rather than the abstract ideas themselves ensures creators and inventors get credit and control over their works, while ideas flow freely in the world of math and beyond. Such ensures that the IP system fulfills its purpose of balancing the rights of creators with the broader public interest in advancing science, culture and even education.

This legal framework not only safeguards the principles of academic freedom but also ensures that advancemen­ts in mathematic­s and other fields can flourish through open dialogue and collaborat­ion. It encourages researcher­s and educators to share their insights without fear of legal constraint­s.

While the Filipino teacher’s claim may indeed usher in a new chapter in mathematic­al discovery — or excited interest in math, which in itself is laudable — it is the legal and ethical frameworks surroundin­g IP that will continue to guide us and show us that discoverie­s on the natural order of our world are shared and celebrated for the benefit of all.

In the context of copyright, what the IP law protects are expression­s, like a beautifull­y illustrate­d cookbook, but not the basic ingredient­s themselves.

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