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system was designed for hardware patents, few computer scientists are examiners. Still, when it gets to specific cases computer scientists and the PTO see invention similarly. For the last two years the PTO has been improving the situation. It is improving its prior art search facilities in software, has published a new software classification system, and is actively recruiting computer scientists. The PTO has still not been able to rid itself of the prejudice against software patents as patent practitioners in the software area will tell you. It still is conservative in its interpretation
it to a different form of protection creates practical difficulties, rather like a state seceding from the Union and setting up checkpoints on its border. And if one state secedes, they all can. If each technology has a sui generis (unique to itself ) form of protection, we would have to set up boundaries between the different technologies and would need rules for what happens at the boundaries. This situation occurs in software development. Should programmers be able to define their own conventions or should they conform to the system conventions even where they are not optimal? Do new programmers
software community will be best served by articles about how to avoid infringement, how to deal with infringement notices, how to find prior art, how to use patents to protect new ideas, how to differentiate products, and how to make the patent system work better for software (based on experience rather than speculation). In brief, we should direct our energies towards making the system work so as to increase innovation and U. competitiveness, rather than fighting patents. The practical effect of to spreading misinformation on software patents will be to hurt small developers and U. Patents,
system was designed for hardware patents, few computer scientists are examiners. Still, when it gets to specific cases computer scientists and the PTO see invention similarly. For the last two years the PTO has been improving the situation. It is improving its prior art search facilities in software, has published a new software classification system, and is actively recruiting computer scientists. The PTO has still not been able to rid itself of the prejudice against software patents as patent practitioners in the software area will tell you. It still is conservative in its interpretation
software patents by so many [>15>,>26>,>27>,>28>] is to throw as much mud against the wall as possible and hope some of it will stick. I have expended some effort here removing some of the mud. I don't claim to have removed it all, but I hope that I have wiped away enough to show you that the rest will wash off too. lists nine patents, mine and eight others to make its case. It is unlikely that the members of the League considered the positive side of any of the patents they cited. It is as if they went searching for quarters with heads showing, and finding several, reported their findings
of what constitutes patentable subject matter and has rejected several applications that that are being appealed. And it will remain so. Prior to 1982, about 30 different software related patent cases went through the Appellate Courts. The range of technologies-seismic, medical, petrochemical, telecommunications, firmware, and software-demonstrate that software is both well grounded in patent law, and basic to the advancement of American Industry. Software has become pervasive in industry that it has been basing business decisions on software's being patentable for 10 to 20 years. This has
created a sophisticated broad-based constituency for keeping software patentable. Congress has not given in to demands to make less pervasive technologies, such as biotechnology, unpatentable; it is less likely to do so with software. The continuing confusion over the patentability of computer programming ideas can be laid on the doorsteps of a single Supreme Court decision, Gottschalk v. Benson, which held that mathematical algorithms cannot be patented, no matter how new and useful. A careful analysis of that decision shows the holding is not supported by any of the authorities on which