Comment Re:Defending software patents (Score 3, Interesting) 92
Many software patents fail the obviousness test or get by because of ignorant examiners. A disproportionate number of software patents are just doing something that is commonplace in the physical world but only now "with a computer" or "over the internet" as the innovative step. Then comes the standpoint that algorithms aren't patentable while many software patents are only describing an algorithmic process.
The USPTO also has a massive conflict of interest in being dependent on funding from application and maintenance fees. They milk the gravy train of software patents for all it's worth even if it isn't in the public interest to do so as demonstrated by all the NPEs that collect patents for the sole purpose of litigation. It's easiest for the trolls to do this with software patents because it requires little expenditure of effort to come up with something "novel" that will get accepted by an examiner.