Software Patents Compared to Hard Patents

Arie writes "The Slate discusses the obvious differences between patenting an algorithm and a drug. The article introduces the Fence test, which basically says that if you can physically protect your property, you have a case patenting it. In addition, it claims that the burden on a programmer identifying whether he is infringing on a patent or not involves excessive research burden, essentially to the inherent lack of physical boundaries. Obviously the article starts off with mentioning the patent dispute between RIM and NTL."

Comments

From Soft to Hard

[Anonymous Coward]

I'll bet Carmen Electra could turn a soft patent into a hard patent if she held it in her hands.

QED

[ObsessiveMathsFreak]

Mathematical algorithms cannot be patented.

All Software is mathematical algorithms.

Therefore, software cannot be patented.

The Slate can shove it.