A Case for the Total Abolition of Software Patents

A little while back, I wrote a piece outlining the case for the total abolition (or non-introduction) of software patents, as seen through the lens of “promoting innovation”. Few of the arguments are new, but the “Narrow Road to Patent Goodness” presentation of the information is quite novel as far as I know, and may form a good basis for anyone trying to explain all the possible problems with software (or other) patents.

You can find it on my website.

4 thoughts on “A Case for the Total Abolition of Software Patents

  1. European Patent Convention (EPC 1973)
    http://www.epo.org/law-practice/legal-texts/html/epc/1973/e/ar52.html

    Article 52
    Patentable inventions
    (1) European patents shall be granted for any inventions which are susceptible of industrial application, which are new and which involve an inventive step.
    (2) The following in particular shall not be regarded as inventions within the meaning of paragraph 1:
    (a) discoveries, scientific theories and mathematical methods;
    (b) aesthetic creations;
    (c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;
    (d) presentations of information.

    “not … inventions: … programs for computers”

    • Yes, indeed. However, that sadly doesn’t stop the EPO issuing them, and courts enforcing them. AFAIK, anyway – have any software patents come to litigation in Europe recently? What happened?

      And still, if they are still a problem in the USA, they are still a problem for everyone in practice, because the web is World Wide, and we want standards that will work everywhere.