FreedomToTinker: The Supreme Court and Software Patents
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Started by: zoobabzoobab
Date: 02 Feb 2009 10:23
Number of posts: 1
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On this view, the Supreme Court's historical hostility toward patents on software is merely an historical accident—a "residual overhang" that we'd do well to get beyond. Guided by a strong policy preference for the patentability of software and business methods, Duffy and Merges seem to feel that the Federal Circuit should give little weight to Supreme Court decisions that they regard as out of touch with the modern realities of the software industry. After all, this is "just the price we have to pay to get a software patent these days." I don't agree with this perspective. I've long sympathized with software patent critics such as Ben Klemens who argue that the Supreme Court's precedents place clear limits on the patenting of software.
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