

The Supreme Court has fundamentally changed software patents - creamyhorror
http://www.ipwatchdog.com/2014/09/07/the-software-patent-problem-not-emphasizing-the-technological-contribution-of-the-innovation/id=51028/

======
creamyhorror
What I find interesting in the comments section is the assertion by some of
the pro-patent people that the reality of computer programming does not align
with the Supreme Court's decision. The crux of the issue seems to essentially
be:

Lemley: _" We shouldn't allow patents on pure functionality; only on the means
of achieving that functionality."_ He also phrases this as _patenting the
solution and not the problem_. [http://www.wired.com/2012/10/mark-lemley-
functional-claiming...](http://www.wired.com/2012/10/mark-lemley-functional-
claiming/)

Pro-patent people: _" Specifying functionality is the way software is
developed - just look at any software outsourcing site. And that specified
functionality is what should be patentable."_

I wonder what experienced software developers would say to this. At what
point, if ever, should functionality (alone) be patentable? The Supreme Court
seems to have gone with "nope, it isn't patentable without some new inventive
step or hardware". But that means there's no clear line.

======

A nice hypothetical, quoted from elsewhere, that cuts to the center of the
issues:

 _Assume that a person has no knowledge of computers or programming at all,
but they believe that certain functionality would be profitable, for example –
a function that analyzes your food eating habits and work schedule and
automatically orders and pays for delivery, so your favorite dish is waiting
for you when you get home. Can this person receive a patent? And I want to be
very clear here – This person knows nothing about computers, he only knows
what function he wants to see them achieve. His specification will read with
the same level of expertise as my exposition here does. Why or why not?_

This is quite analogous to much of what's been happening in the industry.
Should it be patentable or not?

