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Essay Week 5 - Software Patents 

To be patented, an invention must be novel (new), useful, and not obvious to one skilled in the arts in question. Binary computer systems function in very limited ways and provide a fixed set of instructions by which all programs must operate. It is the view of many skilled in the art of computer science that binary computer programs are then inherently not novel, are inherently obvious, and are therefore not due patent protection. [See: Against Software Patents – below] 

Unfortunately, USPTO patent examiners do not always have the time available or the background in “the art” to make a complete determination as to novelty or obviousness. As a result, bad patents get approved like Amazon.com’s “Method and system for placing a purchase order via a communications network”. This patent was overturned after being found to fail the patent tests for novelty and non-obviousness. The case originated when Amazon sued Barnes and Noble for “infringing” on their “one-click” ordering system. If this patent had stood, Amazon.com could have possibly claimed control over much of the world’s e-Commerce. [See: Patent 5,960,411 –below]

Do some reading and research to draft a well-written (750 to 1000 words) essay on the topic of software patents. Should we provide software protection? What limits should be imposed? Do the courts current provide protection in the US? Do the courts current provide protection in Europe? How can we strike a balance that promotes progress in the useful arts and sciences? 

EFF Patent Busting Project 
http://w2.eff.org/patent/wp.php 

Against Software Patents 
https://www.gnu.org/philosophy/software-patents.html
https://www.gnu.org/philosophy/fighting-software-patents.en.html

Amazon Patent 5,960,411
https://www.gnu.org/philosophy/amazonpatent.html