The Future of Software Patents

Here is an interesting article inquiring into how the future of software patents may play out post Alice Corp. v. CLS Bank, an upcoming case before the Supreme Court. The article begs the question, does the current jurisprudence regarding patents actually stifle – rather than promote innovation? Considering how much technology affects our every day lives, a shift in how software patents are treated by the courts may have far reaching implications. From an entrepreneurs perspective, I can see two very valid yet opposing arguments. The first is that one could argue that the current state of patents creates an impenetrable barrier to entry, because those already in the market hold such an expansive and comprehensive patent portfolio that it would be all but impossible to enter the market without utilizing the something that has already been patented. On the other hand, one who has already created a patent may argue that without the ability to patent (even the most mundane) things, there is no incentive to even to attempt to enter the market in the first place.


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