Editing Software patent (section)

{{Short description|Patent that covers a computer program}}
{{Computer programs, software and patent law}}
{{Patent law}}

A '''software patent''' is a [[patent]] on a piece of [[software]], such as a [[computer program]], [[Library (computing)|library]], [[user interface]], or [[algorithm]]. The validity of these patents can be difficult to evaluate, as software is often at once a product of [[Software engineering|engineering]], something typically eligible for patents, and an abstract concept, which is typically not. This gray area, along with the difficulty of patent evaluation for intangible, technical works such as libraries and algorithms, makes software patents a frequent subject of controversy and litigation.

Different jurisdictions have radically different policies concerning software patents, including a blanket ban, no restrictions, or attempts to distinguish between purely mathematical constructs and "embodiments" of these constructs. For example, an algorithm itself may be judged unpatentable, but its use in software judged patentable.