What is a Software Patent?

I am grateful to IP Central for raising the question “what the devil qualifies as a patent on software, anyway?” The blogger adds that it is not an easy question. Although I had not really thought about it in that way I have to agree.

IP Central points to a working paper by Anne Layne-Farrar of The AEI-Brookings Joint Centre for Regulatory Studies entitled “Defining Software Patents: A Research Field Guide.” Now although I don’t usually agree politically with the the institutions that published this paper, I commend this work.


About Jane Lambert

I am a barrister specializing in intellectual property, technology, media and entertainment and competition law. I specialize in helping SME (small and medium enterprises) protect and exploit their investment in brands, design, technology and the arts. SME require intellectual property (legal protection for their intellectual assets) at least as much as big business but their limited means restrict the way they can use it. Looking after such clients wisely requires skills and knowledge which have taken me years to learn.
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One Response to What is a Software Patent?

  1. Ian Clarke says:

    Intuitively, as a creator and user of software that believes that the patentability of software is bad for competition and innovation in the software industry, I don’t want to have to worry about getting sued for patent infringement when I write, distribute, or use software.I would therefore say that a software patent is any patent that can be infringed by the act of writing, distributing, or using software alone.

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