|Authored by: PolR on Saturday, March 16 2013 @ 01:14 PM EDT|
|Explaining why software is abstract is easy. Explaining why a patent claim|
involving software is abstract is hard.
The problem is not the abstractness of software. The problem is the abstractness
of patent claims. Lawyers write their claims using words that let them argue
they are patenting hardware "configured" to run the software and not
the software itself. Then they say the hardware is not abstract and it is
When we say software is abstract, the lawyers answer "yes but the claim is
not patenting this abstract software."
Notice how the lawyers' answer is not "software is concrete." They
don't say"you are wrong to say it is abstract." The answer is
"the claim is patenting hardware and this is not software."
This is the real issue. Arguing that software is abstract doesn't help unless we
can counter this answer.
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