Can I patent software running on a general purpose computer?
The Bilski court focused on data-processing methods, and did not address the patentability of hardware or software per se. A key question for the future is how the phrase “tied to a particular machine” will be applied to software patents. If interpreted narrowly — i.e., requiring the use of special-purpose computing hardware to receive a patent — many, if not most, business method and software patents may not survive. If it is read less restrictively, the status quo may prevail. In either case, patents for inventions implemented as software should include some structural and functional components in the patent application and the claims. Claims covering human activity are now seemingly a thing of the past. IPKat has a discussion that relates to this too (re: UK sovereignty/monopoly though). The IPKat is always saddened when all that effort that goes in standards-setting leads to litigation. In theory it should be friction-free and competition-friendly, but technical misunderstandings a
