Your argument isn't that software isn't a patent-eligible object, it's that software patents are somehow more special than any other, such that it's impossible to manage them? I find this dubious and that the amount of information in biopharma is way greater. Their patents are not an unholy mess, which leads me to assert that it is possible to do this better.
I don't think anyone ever asserted that any patent is a fundamental right. A patent is a form of government-granted limited monopoly. It's unclear to me why inventors in this domain are any more or less deserving of these grants than inventors in any other domain. One might assert (and I might agree) that the current US patent system has strayed so far from the original intent in the Constitution as to be unconstitutional. In which case, that applies to all patents; I see no cause to apply that reasoning solely to software patents.
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So...
Date: 2019-06-04 11:13 pm (UTC)I don't think anyone ever asserted that any patent is a fundamental right. A patent is a form of government-granted limited monopoly. It's unclear to me why inventors in this domain are any more or less deserving of these grants than inventors in any other domain. One might assert (and I might agree) that the current US patent system has strayed so far from the original intent in the Constitution as to be unconstitutional. In which case, that applies to all patents; I see no cause to apply that reasoning solely to software patents.