Comment Re:Trouble on screen for all who write software. (Score 1) 109
And that's the thing though isn't it? "Doing math on a computer"? Is that worthy of a patent? After all, it can be ANY computer. Windows, Linux, Android, Mac or other? Any processor can be used, nearly any hardware configuration can be used. The idea of a software patent as much as they would like to deny it, is in the same ballpark as "on the internet" types of patents.
Doesn't it depend on what the math involved is? If you have an invention claiming A+B+C, you don't need each of A, B, and C to be independently patentable, novel, and nonobvious. In fact, if you had them, you'd then just claim A, B, and C separately.
More concretely, if you claim [an automobile chassis] (known)+[4 wheels] (known)+[a micro sized cold fusion-based electric power plant] (unknown), why is that not "worthy of a patent"? After all, it can be ANY wheels. Goodyear, Michelin, BF Goodrich, or other? Any chassis can be used, nearly any hardware configuration for those other two elements. So therefore, cold fusion power plants shouldn't be patentable, because they're in the same ballpark as "on the internet" types of patents?
Of course not. And yet, for some reason, this gets thrown out the window when we talk about software.
Running software on a computer is pretty much using a computer for its intended purpose -- executing instructions. By changing the instructions, are you really inventing something new? That's a really tough argument to make.
What's tough about that? Had someone else come up with those instructions or that cold fusion based engine before? Then what does it matter if the wheels of the car or the processor of the computer already existed? You're not relying on those elements for patentability, but the new stuff that you invented.
The more light that comes to software patents, the less likely they will survive in the future.
Unlikely. Forget your desire to see them abolished and think pragmatically about the amount of money involved. They're not going anywhere, and arguments that they should be abolished are going to fall on deaf ears in Congress. It would be more fruitful to focus arguments on how to reform the patent system to address trolls, poor quality of examination, etc.