Excluding software from patentability
There are two main approaches on how to write a law banning software patents. The most commonly discussed approach is to exclude software from patentability, which means that patent offices cannot not grant software patents and courts cannot uphold them if they are granted. This can be implemented by new legislation or by a senior court interpreting existing legislation as excluding software from patentable subject matter.
The other approach is shielding software from litigation.
DRAFT: for the moment, this just a collection of notes
- Definition in this proposed bill in the USA: Saving_High-Tech_Innovators_from_Egregious_Legal_Disputes_Act#Defining_software_patents
- New Zealand Patents Bill 235 - it's good that a positive and negative example were used, but it would be better to use two examples that are more similar, so that the difference would smaller and the line between the two would be clearer
- EU 2005 proposed amendments
Related pages on ESP Wiki
- Choosing words to use in legal proposals
- Exclude software from patentability
- Shield software from litigation
- Florian Mueller's criticism of New Zealand Bill 235, Aug 2013 - Mueller is overly critical and ignores what's good in the bill, but some things he says are interesting