George Mason University Antonin Scalia Law School

A Brief History of Software Patents (and Why They’re Valid)

a green screen with binary and figuresToday, there is significant public debate over patents on the digital processes and machines that comprise computer software programs. These are often referred to as “software patents,” but this is an odd moniker. Aside from the similarly mislabeled debate over “DNA patents,” nowhere else in the patent system do we refer to patents on machines or processes in a specific technological field in this way; for instance, people do not talk about “automobile brake patents” or “sex toy patents” as their own category of patents deserving of approval or scorn.  Read more