Yes. We probably need a brand new category for software; something that grants protection faster, expires sooner, makes it easy to other people to implement after expiration, and has independent invention as a positive defense.
If only it were that simple: one of the first, pragmatic challenges to this process would be to define a software patent. Remember that algorithms are not supposed to be patentable, so most of these "software" patents actually include elements of hardware, however broad.
Comments
Yes. We probably need a brand new category for software; something that grants protection faster, expires sooner, makes it easy to other people to implement after expiration, and has independent invention as a positive defense.
Or, you know, we could just get rid of software patents entirely. Less paperwork for all, and we can get back to shipping code without worrying.
If only it were that simple: one of the first, pragmatic challenges to this process would be to define a software patent. Remember that algorithms are not supposed to be patentable, so most of these "software" patents actually include elements of hardware, however broad.