Friday, June 20, 2014

The Supreme Court doesn't understand software, and that's a problem

Vox's Timothy Lee says The Supreme Court doesn't understand software, and that's a problem "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."

John Duffy has a detailed legal analysis in SCOTUSblog, Opinion analysis: The uncertain expansion of judge-made exceptions to patentability.

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