Responding to Austin's comment, original authors or inventors do care that minor changes off their works are protected and whose IP rights are given to someone else. On the patent side, an inventor of a pioneering product would expect to recoup not just the invention itself, but also the market for products that "proximately" branch off it. Having another inventor monopolize and block the ability of the first inventor to realize the market off his invention would produce less incentive to invent in the first place. Therefore, patents has the doctrine of equivalents to allow inventors to claim infringement on products that are substantially similar. The system realizes the need of broad market rights for inventors to realize profits off their inventions, and thus requires any improvement off a previous invention to itself satisfy the threshold of patentability.

Responding to Bahrad, software patents are not monopolies on mental processes, which are themselves unpatentable per se. They involve application of the mental process to a specific procedure or machine. The protection granted by patent law is on the specific application, usually tied to the machine/computer or transformative effect. Now I agree with you and other authority that many software patents are not worthwhile for the software industry or society. And I think the Fed. Cir. is continuing to mess up Section 101 (patentable subject matter), including computer software. But some patent protection may be desirable for the next new software that can change how we work or use computers. Some software programs that might be created would require enormous time and resources beyond the willingness and ability of individuals who can try to innovate for free. Even though it may sound cynical and against what our class is about, we may need large companies and patent protection to encourage broadly the development of all kinds of software.

-- ThomasHou - 06 Oct 2011