"A WIPO report on exceptions and limitations to patentability discussed the economic benefits of patentability, which Greve said constitutes a “three-step test” to determine whether a certain kind of product should be subject to patent law. These steps include: the existence of market failure that requires correction in the form of incentives for innovation, a pathway for disclosure of information, and a mechanism for dissemination of that information to create broader public knowledge on the issue — issues which can potentially be solved by patenting. Greve argues that software fails to need patents on all three fronts, and that WIPO should undertake a study specifically aimed at identifying criteria for whether or not an area of technology should be patentable."
Source: http://www.ip-watch.org/weblog/2009/03/30/georg-greve-on-software-patents-2/
