Software is very much an implementation of an idea or ideas that are rather tangible.
Posted Nov 6, 2012 17:26 UTC (Tue) by southey
In reply to: Let’s Limit the Effect of Software Patents, Since We Can’t Eliminate Them (Wired)
Parent article: Let’s Limit the Effect of Software Patents, Since We Can’t Eliminate Them (Wired)
I do agree that generic software patents that are more ideas than implementations (such as using an icon representation of some file instead of the actual file) should not be patentable.
Actually I find it more interesting that software is copyrightable but a recipe is not. Yet it is possible to patent a recipe and so it makes sense that software should be patentable. But obviousness and uniqueness need to be held to strict standards especially with the Benson and Mayo decisions to ensure that the specific implementation rather than the actual idea is being patented.
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