Abstract
The paper begins with a review of the legal rationale for non-protection of software by patents. This is followed by the analysis of the question whether problems may come up if software patents are categorically discriminated from patents in other fields of technology. Special emphasis is made on the post grant review under the new “America Invents Act” and whether it presents a problem against non-recognition of software patents. The paper critically analyses the landmark case laws against software patents, patentability and other scholarly writings with similar analysis and discussions and conclude with the strong observations that software patents produce more problems than they solve.
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