5 ms·
Hilariously, legally, software seems to be unpatentable in both the US [1] and EU [2]. Yet those laws are routinely ignored, and we continue to be plagued by so
by jevoten 3y ago
Hilariously, legally, software seems to be unpatentable in both the US [1] and EU [2]. Yet those laws are routinely ignored, and we continue to be plagued by software patents.
[1] https://en.wikipedia.org/wiki/Software_patents_under_United_States_patent_law#What_software_patents_will_survive_Alice_analysis https://en.wikipedia.org/wiki/Software_patents_under_United_...?
[2] https://en.wikipedia.org/wiki/Software_patents_under_the_European_Patent_Convention https://en.wikipedia.org/wiki/Software_patents_under_the_Eur... - The wiki states that because of the "as such" clause, the exclusion of software patents does not apply to software that does anything inventive or solves a technical problem. But those are already requirements of patentability for anything, software or not. In other words, this interpretation of "as such" renders that entire clause totally meaningless - it could be struck entirely from the law, and software would be no more or less patentable. Clearly such a reading is absurd, and only shows the willingness of courts to ignore law for business interests.