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The Supreme Court doesn’t understand software, and that’s a problem – Vox

“Patent litigation has become a huge problem for the software industry. And on Thursday, the Supreme Court could have solved that problem with the stroke of a pen. Precedents dating back to the 1970s place strict limits on software patents. The court could have clearly reiterated that those old precedents still apply, and that they rule out most patents on software.

Instead, perhaps fearing the backlash from invalidating billions of dollars worth of patents, the court took an incremental approach. It ruled that the specific patent at issue in the case was invalid. But it didn’t articulate any clear rules for software patents more generally. In effect, the court kicked the can down the road, leaving a huge question mark floating over most software patents.

The problem, at root, is that the courts are confused about the nature of software. The courts have repeatedly said that mathematical algorithms can’t be patented. But many judges also seem to believe that some software is worthy of patent protection. The problem is that “software” and “mathematical algorithm” are two terms for the same thing. Until the courts understand that, the laws regarding software patents are going to be incoherent.”

via The Supreme Court doesn’t understand software, and that’s a problem – Vox.

 



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