Some have stated that software is somehow "different" from other technologies and must be treated differently. Others have gone so far as to advocate the abolition of patents for software-related technologies. I disagree with both propositions. I believe a heavy burden rests on those who advocate that a particular field of technology should be exempted from the patent system absent a statutory prohibition. Software-related technology should be treated under the U.S. patent laws as any other technology would be treated. Otherwise, investment in the software industry will be negatively impacted. The current patent system is vital to the protection of software-related technology and, consequently, to United States industrial competitiveness. Criticism of software-related patents is being addressed by those seeking to improve the patenting process and, over time, will be moot.
David R. Syrowik,
Software Patents--Just Make a Good Thing Better,
Mich. Telecomm. & Tech. L. Rev.
Available at: http://repository.law.umich.edu/mttlr/vol2/iss1/7