One reason that software patents are so crappy is that the patent bar actively filters out the people who would be most knowledgeable about mathematics and algorithms.
The problem is that algorithms and math are not considered patentable. The guidelines for membership in the patent bar specifically exclude mathematics coursework as a valid educational background. The reasoning, I believe, is that abstract laws should not be patented.
However, with the rise of software patents, we clearly are allowing algorithms and mathematics to be patented. However, the patent bar actually specifically excludes the background that would be most useful in evaluating these patents.
It makes sense if you think of the patent system as a cartel. By allowing math to be patented, you expand your domain. By denying people with a mathematics background to sit for the patent bar, you restrict your competition.
Sometimes, when you're confused by a bad policy, just ask yourself: what would a person with no morals, plenty of power, and a single minded desire to enrich himself do? Usually, that will explain the policy.
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One reason that software patents are so crappy is that the patent bar actively filters out the people who would be most knowledgeable about mathematics and algorithms.
The problem is that algorithms and math are not considered patentable. The guidelines for membership in the patent bar specifically exclude mathematics coursework as a valid educational background. The reasoning, I believe, is that abstract laws should not be patented.
However, with the rise of software patents, we clearly are allowing algorithms and mathematics to be patented. However, the patent bar actually specifically excludes the background that would be most useful in evaluating these patents.
It makes sense if you think of the patent system as a cartel. By allowing math to be patented, you expand your domain. By denying people with a mathematics background to sit for the patent bar, you restrict your competition.
Sometimes, when you're confused by a bad policy, just ask yourself: what would a person with no morals, plenty of power, and a single minded desire to enrich himself do? Usually, that will explain the policy.