Thanks much for your clarification.

Regarding whether there are multiple patents issued on the MRI –

(1) Assuming that the algorithmic steps work properly (i.e., without typos and the like) . . . Please see my explanation about patent claims in other discussions. The claim of a patent puts a box around the uniqueness of an invention. Ideally, it’s supposed to be as broad as possible without being so broad that it’s anticipated or rendered obvious by what is already known (prior art).
The patent claim and algorithmic steps are not synonymous. It’s possible that the first step of a claim incorporates hundreds of algorithmic steps, and the second step of the same claim incorporates hundreds of other algorithmic steps. (Those steps would be described in a broad or exact fashion in the specification.)

The way the patent system works, while it’s possible that many patents try to claim the same thing (different patents by different inventors), the patent is supposed to be awarded only to the first one that was filed.

Since today patent applications are published approximately 18 months from their filing publications (and could be prior art), in the U.S. and in most other systems, the system doesn’t really work for filings within that 18-month period. That’s because for the patent application being examined, there’s an 18-month gap of filed applications that can’t be used; and there’s even an exception to this if the prior art application is filed first and later publishes (secret prior art under 35 USC 102(e)).

Technically, the examiner should have access to secret prior art (non-published applications) if they’re published under 102(e), but you can see that there’s no way for the applicant to have known that before their filing.

Plus what happens if the secret prior art that hasn’t published (and isn’t really prior art) issues as a patent after the applicant’s patent issues as a patent? Now you may have two people patenting the same invention, and they may invoke what’s called an interference proceeding before the USPTO, to see who wins.

There’s lots more. But without writing a novel and giving everyone here a headache, let me add that what is prior art is legislated (which means lobbying has a lot to do with it) and not based on logic, and that the America Invents Act (AIA) that was supposed to tame abuses and clean up the system was more of a monkey wrench thrown at the patent machine.

Because of the complexities of a legislated system, there are many instances where the problems you’ve outlined could apply. But I haven’t seen anything other than anecdotal evidence to support there’s a high rate of patents that shouldn’t have been issued. The elephant in the room however is there isn’t an easy way for an examiner to search prior art that’s doesn’t constitute patents.

(2) If Assuming that the algorithmic steps do not work properly (i.e., without typos and the like) . . . Here we have the additional issue that they written description may not support the invention and/or they may not enable the POSITA to make and use the invention. That’s under 35 USC Sec. 112 (a), which pre-AIA was 112, first paragraph.

I’m mindful of Church’s lambda calculus and Turing’s solutions and halting theorem, but it’s not really applicable generally except under Sec. 112 here, and likely not really applicable. We don’t require a complete axiomatic set or proof that every single series of algorithmic steps results in a defined solution of a computer. Applications that broad would likely invalidate the entire patent system – and I’m sure many would love that :)

Also, about the good versus bad issue for the MRI you mention, I defer you to my long response to orangecat2, specifically about novelty under Sec. 102, nonobviousness under 103 and POSITA.

Let me add that we are supposed to handle these matters objectively, and the USPTO was applying a motivation test for combining references; this is a test developed over 50 years by the Federal Circuit and applied by the USPTO, and it was injured by the Supreme Court’s KSR International case. The USPTO is still walking it back as much as they can, so as not to make the examination system so arbitrary.

If you think about it, along comes technology and the Internet age, and now we’re dealing with application of a generic computer program to things that were done manually earlier. (Business method patents are in this lot.)

Many a patent troll has used these kinds of patents against smaller businesses and startups who feel wronged. And there are many on both sides of the issue, but you already know where most technologists stand, and some of the abuses out there are simply not acceptable.

The Supreme Court’s Alice decision tried to resolve at least part of this issue by saying that if something that’s well known, and has been performed manually is now done by a generic computer (i.e., for example a pc using a Windows operating system) running a program, the simple act of using the computer does not make it patentable subject matter.

There’s a lot of truth to this simple statement; the issues is that the Sup Ct is now using subject matter eligibility (under Sec. 101) versus patentability (under Secs. 102, 103) which has lots of bad repercussions for the patent system; not to mention that there’s a lot of dicta (legal prose) that litigators can use as they deem fit, to convince a federal judge who may not have any background in tech, like our dear Sup Ct.