Brad Feld

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The Momentum Behind Software Patent Reform Is Building

Feb 19, 2008
Category Technology

I’m an abolitionist.  I believe software patents should be abolished.  I’ve started pounding the drum about this and am delighted to hear as many positive responses to my plea as I have.  While a few people argue with me about the validity of software patents, most nod their heads up and down in agreement with me.  I get plenty of skeptical looks when I say "software patents should be abolished" (as in – c’mon Brad, be realistic), but a guy needs to have goals, right?

Jason Haislmaier – an IP lawyer at Holme, Roberts & Owen – has written an relevant post titled So, Just How Patentable is Software Anyway?  While Congress spins its wheels over patent report, the Court of Appeals for the Federal Circuit (CAFC) is holding an en banc review for the In Re Bilski case.  Jason does a nice job of covering the implications and the potential outcomes of this.  He also tosses in some fun court gossip that one of the judges is hinting that there will be significant discussion about the patentability of computer software that will go all the way to the Supreme Court.

These are potentially important events in the troubled history of software patents.