I’ve been waiting years for US Supreme Court to do its job and kick out software patents. It’s about to happen.
“The flood of software patenting that began in the 1990s has included many thousands of patents with vague and uncertain boundaries that create major litigation risks. A Supreme Court decision recognizing that software patents are essentially abstract could eliminate many of those risks.
The Alice Corp. case is scheduled for oral argument on March 31. The Court will issue a decision before it ends its term in June. It’s possible that the Court will issue a course correction that removes a major barrier to technology innovation.”Hearing this month. Decision in the middle of summer. It’s going to be a great year. It would be absolutely wonderful if manufacturers of */Linux devices could shake off the last vestige of M$’s “tax”.
Just in case any of the supremes read this blog, perhaps I will close with yet another reason software patents are silly. Is a patent application patentable? That would be silly. Anything that just describes an invention is not patentable. That’s obvious and abstract. Well, software is just like a book. It’s a writing, a list of abstract ideas/information/bits. The software itself, the code, the machine-instructions are just the book, contents and words contained in the software. No one can patent that. It’s abstract. It’s mathematical. It lacks any kind of innovation, although there may be some skill involved in a good productions. Let’s get over this silly idea that software is patentable. It’s not. Putting some ideas about how something is already done in the real world into a machine and calling it an invention is not patentable either. It’s obvious to anyone skilled in the art. If not, the software would not work because computers only work on obvious things, ones and zeros, truth and falsity. Supremes, go for it!