Software Patent - Purpose of Patents

Purpose of Patents

For the U.S., the purpose of patents is laid down in the constitutional clause that gives Congress the power "o promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;" (Article I, Section 8, Clause 8). For Europe, there is no similar definition. Commonly four patent justification theories are recognised, as laid down for instance by Machlup in 1958, the include justice to the inventor and benefit for society by rewarding inventors. Disclosure is required in return for the exclusive right, and disclosure may promote further development. However, the value of disclosure should not be overestimated: some inventions could not be kept secret otherwise, and patents also prohibit independent reinventions to be exploited.

There is debate as to whether or not these aims are achieved with software patents.