Are Software Patents a Broken Idea?
— I really don’t know. One of my brothers, an Industrial Designer, has his name on a patent for a device for mixing gases that’s used in chromatographs. When he showed me the filing, with the drawings and schematics and so on, I was impressed; these guys had cooked up a new arrangement of valves and geometries that did a practical task in an elegant and new way. It felt much more rigorous than the way we go about inventing new technology in the software space; but maybe that’s just because I’m way too close to the software world and can see all the warts on its underbelly. I’m inclined to think there’s a spectrum of reasonability in software patents. “One-click ordering” seems like a grievous error, simply because if you said those three words to any web-savvy ecommerce-savvy programmer, they’d say “OK” and build it for you and it would work; which doesn’t seem to meet a high enough bar to qualify as an invention. But consider the basic PGP setup by Phil Zimmerman, it’s just immensely
