PLI: Software Should be Patentable Subject Matter
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Started by: zoobabzoobab
Date: 17 Nov 2008 09:20
Number of posts: 1
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Let me get my legal bias out in the open right away. I am a true believer in the patent system and I like the US approach to patentability, which is that everything is patentable. I detest those who want to make the patentability decision a single-inquiry determination and say that there are things that should simply not qualify for patent protection because they just shouldn’t be patented. This single-inquiry determination is irrational at best and naive at worst. There is no need whatsoever to collapse the decision into a single binary inquiry. I see no justifiable rationale for determining software should not be patentable subject matter, and the Bilski decision that requires us to identify a machine forces us to all engage in intellectual dishonesty. The beauty of software is that it is not machine dependent, so making it machine dependent in order to be protected is offensive, particularly when this irrational approach is forced upon us because of some desire to maintain a 19th ce
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