Comment Software Patent Law not meeting the intent (Score 1) 331
I'm not sure that the distinction we draw between software and physical process really stands up to scrutiny (what if you develop a complete theory of physical process, what would that imply?).
But there is a much more practical angle on this. In the US, patent is specifically meant to encourage innovation.
My experience as a software developer is that patents are not at all needed to encourage to software innovation. Instead, their practical effect is to form a cartel of companies that generate patents and cross license each other, then shut down the small competitors with infringement claims.
So, whatever the theory, the practical conclusion is that patents are a hindrance, not a help, to software innovation.