Is the patent system broken? (If it isn't broken, don't fix it)

Abstract

For many years computer software and ways of doing business were not considered to be patentable. Software was finally deemed patentable in the early eighties and ways of doing business were patented in the nineties, especially with the advent of e-commerce. In this paper I review the expanded scope of patents being issued by the PTO (Patent and Trademark Office) and the roles of the congress, the patent bar and the courts. I also address the question: do software and ways of doing business patents "promote the progress of science and useful arts" as envisioned in the Constitution (Article 1, Section 8)? The answer seems to be no: the patent system is broken. Some proposed fixes are included.