UK High Court Allows Software Patents

Techdirt — UK High Court Follows Bad US Decision To Allow Software Patents:

It looks like the UK is about to make the same dan­ger­ous mis­take that US courts made a while back. A deci­sion there has now stated that the Patent Office shouldn’t auto­mat­i­cally reject patent apps on software.

Although I am in gen­eral agree­ment with Techdirt on this one, I sus­pect there might be an unex­plored, mid­dle ground on this, but I haven’t quite been able to con­cep­tu­al­ize it yet. (Perhaps I never will.) 

Perhaps it is sim­ply that I believe that if prop­erly applied by a patent office a by courts, soft­ware patents aren’t nec­es­sar­ily bad—but then again, I haven’t seem them very well applied so far in the U.S. Generally courts (and the PTO) don’t really seem to under­stand the under­ly­ing tech­nol­ogy very well, mak­ing for poorly rea­soned deci­sions (on a tech­ni­cal level). 
Plus, 20 or so years of patent pro­tec­tion seems way too long for the quick-​​moving world of soft­ware. (That may be my biggest issue.) I’m never that fond of ran­dom dif­fer­ences in the law for dif­fer­ent kinds of IP, for exam­ple, but maybe that’s what’s needed here.

Related articles