Hastings Communications and Entertainment Law Journal


This Article discusses issues concerning the patenting of software-related ideas. It provides a brief history of the law concerning patents related to algorithms up to the Federal Circuit's recent decision in In re Alappat. The Article then discusses various myths related to the lack of availability for software patent protection, the type of companies that are obtaining software patents, copyright protection versus patent protection, unavailability of trade secret protection in conjunction with a patent application, and the enforceability of software patents and other myths.