TY - BOOK AU - Hughes,Anton TI - The patentability of software: software as mathematics T2 - Routledge research in intellectual property SN - 9781315283210 AV - K1443.C6 U1 - 346.048/6 23 PY - 2019/// CY - New York, NY PB - Routledge KW - Software protection KW - Law and legislation KW - Patent laws and legislation KW - Computer software KW - Mathematics KW - LAW / Administrative Law & Regulatory Practice KW - bisacsh KW - LAW / General KW - LAW / Intellectual Property / Patent KW - LAW / Science & Technology N1 - Includes index; Cover; Half Title; Series Page; Title; Copyright; Contents; Acknowledgements; Introduction; 1 The nature of software; 2 Why software patents are a problem; 3 The nature of mathematics; 4 Why mathematics is not patentable; 5 Why programming is not among the useful arts; 6 Implications; Conclusion; Index N2 - This book explores the question of whether software should be patented. It analyses the ways in which the courts of the US, the EU, and Australia have attempted to deal with the problems surrounding the patentability of software and describes why it is that the software patent issue should be dealt with as a patentable subject matter issue, rather than as an issue of novelty or nonobviousness. Anton Hughes demonstrates that the current approach has failed and that a fresh approach to the software patent problem is needed. The book goes on to argue against the patentability of software based on its close relationship to mathematics. Drawing on historical and philosophical accounts of mathematics in pursuit of a better understanding of its nature and focusing the debate on the conditions necessary for mathematical advancement, the author puts forward an analytical framework centred around the concept of the useful arts. This analysis both explains mathematics', and therefore software's, nonpatentability and offers a theory of patentable subject matter consistent with Australian, American, and European patent law UR - https://www.taylorfrancis.com/books/9781315283210 UR - http://www.oclc.org/content/dam/oclc/forms/terms/vbrl-201703.pdf ER -