One question to be discussed at the FFII "Regulating Knowledge" conference in Brussels next month will be if there is one real world example of a software patent that may actually be described as doing more good than harm.
That question is mainly directed to those who think that legalizing software patents is a great idea. Which doesn't really include me.
But I have already pointed to a patent on obnoxious pop-up ads as one such example last year here. As I wrote then:
"So it's actually a good thing. And people should file for 1001 complicated patents on other spam techniques as well. I assume it's already done. That way the spammers will get sued by the Internet patent holders, leaving everyone else hoping that both sides will lose."
Now this article in the California Lawyer Magazine might point to some other desirable and useful software patents. (Link credit: Bag and Baggage).
That article describes business-method patents on legal work, like "rendering legal services over the internet" or "communicating between a patent attorney and prospective clients".
Dumping all limits to the patent system means that everyone has to deal with it, including lawyers. So it makes only sense that lawyers get a taste of their own medicine. I suppose most of them won't bother to check the patent databases each morning to see what they are still allowed to do for their clients.
Lord Granville remarked in 1851 in the House of Lords: "The only persons who derive any advantage from the Law of Patents are the lawyers. Except, perhaps, warrants for horses, there is no subject which gives such an opportunity for roguery as the Law of Patents."
That changes if lawyers have to deal with the same kind of misery as programmers.
If 1001 patents on the way of running a law firm are granted and enforced, watch for lawyer support for patent inflation evaporating rapidly.
So, yes, "communicating between a patent attorney and prospective clients" might be a really nice and desirable patent. Therefore, maybe the future Directive should read something like this:
"Programs for computers shall not be regarded as inventions, except in the areas of commercial communications and law firm and patent attorney services."
If in their view software patents are so desirable, the patent attorney community should eagerly volunteer to be the first in line for the fantastic technological advances they promise everybody else. Then, after the great leap ahead in patent attorney productivity gained by giving them patent protection for themselves becomes clear, we can consider gradually expanding the system to other areas.