This comment addresses and analyzes the state of software patentability in the United States (“U.S.”) and European Union (“E.U.”). This comment discusses policies that drive changes and developments in patent law, the technical background of software, and the non-patent intellectual property protection for software. The comment further addresses the judicial precedent and the situation surrounding software patents in the U.S. and the legal situation in the E.U., including proposed changes in the Software Patent Directive. Finally, the article discusses common criticisms of current U.S. policies on software patentability by exposing the problems created by these policies and suggests corrective policies in the future.
Jack George Abid, Software Patents on Both Sides of the Atlantic, 23 J. Marshall J. Computer & Info. L. 815 (2005)