The debate over whether software is appropriate subject matter for patent protection continues to rage, without any clear resolution in sight. The European Patent Convention attempts to draw this distinction by excluding software programs from patent protection unless they have a 'technical...

A methodology is proposed for determining how particular areas of law should apply to software. The methodology asks and answers four questions: (1) "What is software?," (2) "How does software differ from other creative works?," (3) "How are such differences legally relevant?," and (4) "How...