"In a worst-case scenario for the high-tech industry, the ruling could invalidate many existing software patents or at least make them more difficult to defend in lawsuits. And it could make such patents harder to obtain in the future because software is generally patented as a process for doing something rather than as a physical invention."<p>I think that might be the best case scenario.
Here is one of those rare stories in hacker news where I can claim special expertise. But yeah, I am a patent lawyer, so everyone listen to me :)<p>I should point out that this case does not directly concern software patents. The patent at question is not a software patent but a business method patent. It was a patent for a commodity trading strategy that as claimed did not require a computer or software to execute (i.e., it could have been executed by a human without the aid of a computer).<p>Now why does everyone say that software patents are on trial? Well, many people, especially those that want to see software patents invalidated, hope that either (i) the supreme court will make an anti-patent ruling that is broad enough to cover software patents or (ii) even if they do not invalidate software patents, the supreme court will recite some kind of reasoning that will be used thereafter to attack software patents.<p>But any effect on software patents from this case will be indirect. The supreme court usually does not like to rule on things that are not properly in front of it. So their decision here will not stray from the matter at hand which is business method patents.<p>In my opinion, the supreme court should affirm the federal circuit in rejecting business method patents. I think it is common sense that patents should be limited to technology one way or another. But regarding to software -- I agree with pg that there really isn't anything special about software that is not applicable to hardware, and there is no reason to single software out. When people complain about software patents, they usually complain about obvious patents, and that is an issue sometimes. But the way to solve this is make sure the patent office applies the obviousness laws better and not by wholesale invalidation of all software patents.
Is there anyone from the FSF (or similar) who might file an amicus brief?<p>It's the Patent Office that is fighting this? Is anyone from the open source community helping them?