Software patents in the United States: A balanced approach

This paper tracks the interesting journey of software patents in the United States from both a historic and current standpoint. The U.S patent system has drifted from being strict in the 1970s to being fairly lenient in 1990s and now again strict since 2007. The revolutionizing and famous Bilski case that is redefining the boundaries of software patents is described, and the impact of this Court case on software patents is discussed. The challenges in issuing software patents in terms of proving novelty and non-obviousness are presented in an attempt to bring forward some of the questions in the software patent debate. The uniqueness of software as an invention is analyzed to understand why software should be considered differently compared to other industries. The advantages and disadvantages of software patents are discussed. The paper concludes by providing recommendations and proposing a balanced approach to software patents.