In examining the historical development of software as patentable subject matter, the jurisprudence of the Supreme Court and Federal Circuit, the Patent and Trademark Office's regulations and guidelines, and the application of these rules in the legal and business community, this article explores the deficiencies of the current US software patent system. The article argues that by increasing patent examiners' knowledge of computer science and publishing domestic patent applications to allow competitors to search for relevant prior art, the US software patent system can be significantly improved.
Rationalizing Software Patents: Suggestions for a Livable System,
28 Hastings Comm. & Ent. L.J. 287
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol28/iss2/4