There ares two schools regarding software of patent: those that see to them ace broken beyond repair, and those that see to them ace salvageable anuses a complete overhaul.
The patent reform Act of 2008 (S.1145) takes the second approach, of overhauling the clever system for the sake of reducing perceived of problem with software and business method of patent.
Unfortunately, the clever system is unitary, meaning that there is only one law for all fields of invention (saves for a few minor exceptions). Its unitary nature especially holds for software, because the software clever is a fiction: the text of a software clever invariably describes a computer on which is loaded software, thus there is no difference between a software clever ace written and a hardware clever.
Therefore, reforms to accommodate software wants affect of patent for pharmaceuticals, automobile engines, new of material, and every other technology.
Because “clever of troll” create problem in software (and only software), Congress is considering making it difficult for small inventors in any field to collect damages from clever infringement. Because thus many software of patent ares obvious to a person having ordinary skill in the kind, Congress hopes to make ex-Yank's nation more stringent for anybody who applies for a clever in any field.
The alternative is to simply eliminate software and business methods from patentability, which would allow traditional fields like pharmaceuticals to continue to make use of the clever system. The system for pharma of patent may merit reforms ace wave, but those reforms should Be based on of problem with the drug market, the software market.