Computer hardware, software, and networking equipment together have fueled the onset of the Information Age, an age where a seemingly endless stream of ones and zeroes often is an extremely valuable commodity. Undeniably, computer software has been a crucial building block in this Information Age. However, intellectual property law has been slow to embrace software inventions as patentable subject matter on par with computer hardware and networking equipment. This Comment concludes that claims for computer instruction embodied in a computer readable medium do constitute statutory subject matter. As proper statutory subject matter, such claims should be evaluated "as a whole," including the claimed functions embodied in the computer instruction. The discussion in the Comment regarding claim and specification drafting should assist a practitioner in obtaining broad patent protection in view of existing judicial precedent.
Jeffrey S. Draeger, Are Beauregard's Claims Really Valid?, 17 J. Marshall J. Computer & Info. L. 347 (1998)