Santa Clara High Technology Law Journal Volume 7 | Issue 2 Article 2 January 1991 Theories of Computer Program Patentability Jerome T. Tao Follow this and additional works at: http://digitalcommons.law.scu.edu/chtlj Part of the Law Commons Recommended Citation Jerome T. Tao, Theories of Computer Program Patentability, 7 Santa Clara High Tech. L.J. 291 (1991). Available at: http://digitalcommons.law.scu.edu/chtlj/vol7/iss2/2 This Comment is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara High Technology Law Journal by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact
[email protected]. COMMENTS THEORIES OF COMPUTER PROGRAM PATENTABILITY Jerome T. Taot Much attention has been paid during the last twenty years to the possibility of obtaining patent protection for computer pro- grams. Part of this attention has been due to the recent explosion in microprocessor and computer technology and the accompanying in- crease in the importance of the methods by which such computers are programmed.1 Part of the debate, however, results from conceptual difficulties inherent in the unique nature of such programs. Computer pro- grams have been said to "defy the conceptual molds provided by the traditional patent and copyright systems." 2 A computer program can be described as a process, as an apparatus, or as something in between. Some commentators see this difficulty as a reason to deny pat- ent protection for all computer programs.3 These definitional problems, however, should not be sufficient to provide a blanket reason for denying such protection to novel, useful and nonobvious computer programs which do not fall under any particular judicial exception to the patent laws.