Software can be patented

Some have argued that it is futile to patent computer software. The software would be outmoded and of no commercial interest before a patent application can be examined and issued (e.g., two years). Of course it all depends upon how the patent claims are drafted-i.e., it depends upon what is patented. As with any technology, invented computer program algorithms can turn out to be basic discoveries. Algorithms are continually used and re-used once discovered (often in many different types of programs). If a patent claim is properly drafted to generically cover such a basic algorithm, its importance can last the entire 20 year life of the patent. Thus, the key is judiciously expending company resources on those basic and commercially important programs that can have a relatively long life. And, as with any other commercial product, one must guard against infringing the valid unexpired software patents of others.