When thinking about software patents, the focus should be on the quality of the idea being patented, not on whether it is about software or is being expressed as a software computer program. A number of functions that in the past could only be done in hardware are now being carried out in software due to advances in technology and programming tools. If the function was innovative enough to legitimately qualify for a patent when expressed in hardware, it should still merit a patent if now carried in software. . . .Prior posts:
I am concerned that if we eliminate software patents, an unintended consequence will be a slowing of innovation in services, business solutions, business processes, and similar new fields of endeavor, and will cause people applying for legitimate patents in these areas to attempt to express their ideas in some other less precise way just to avoid their being viewed as software innovations.
Patent regimes around the world, especially in the US, are in dire need of reform. We should focus all our energies on getting this done and not let the debates over software patents divert us from that very important task.
Aug. 31, 2005 - Don't Fear Software Patents.
June 20, 2005 - Comparing Software Patents to 19th Century Literature Patents.
June 5, 2005 - Software Patents Will Not Kill Open Source Software.