"The problem is that "software" and "mathematical algorithm" are two terms for the same thing."
This ain't necessarily true. Unless you extend math to encompass reasoning about hardware, operating systems, browsers, other apps, networks etc. Math deals with more basic things.
The real reason software patents are harmful is because the industry moves so quickly, fueled by openness, that the patent examiners don't always know the current state of the art, let alone obviousness. This basically kicks the can down the road and creates waste.
Comments
"The problem is that "software" and "mathematical algorithm" are two terms for the same thing."
This ain't necessarily true. Unless you extend math to encompass reasoning about hardware, operating systems, browsers, other apps, networks etc. Math deals with more basic things.
The real reason software patents are harmful is because the industry moves so quickly, fueled by openness, that the patent examiners don't always know the current state of the art, let alone obviousness. This basically kicks the can down the road and creates waste.