Are Algorithms Intellectual Property? The Case for 10,000 Patents Filed in the Past 5 Years

Introduction

In the past five years, the number of patents filed for algorithms has skyrocketed. In 2017, the United States Patent and Trademark Office (USPTO) received over 10,000 patent applications for algorithms, up from just 2,000 in 2012. This surge in patent filings is due to the increasing importance of algorithms in our lives. Algorithms are used in everything from self-driving cars to facial recognition software to medical diagnosis. As algorithms become more sophisticated, they are also becoming more valuable, and companies are increasingly seeking to protect their intellectual property in this area.

The Arguments for Patenting Algorithms

There are several arguments in favor of patenting algorithms. First, algorithms are creations of the human mind, and as such, they should be eligible for copyright protection just like other forms of intellectual property, such as books, music, and art. Second, patents provide incentives for innovation. When companies know that they can protect their algorithms with patents, they are more likely to invest in research and development. Third, patents help to ensure that algorithms are used in a fair and ethical manner. When algorithms are patented, they are subject to public scrutiny, which can help to prevent them from being used for harmful purposes.

The Arguments Against Patenting Algorithms

There are also some arguments against patenting algorithms. First, some people argue that algorithms are not patentable because they are abstract ideas. Second, patents can stifle innovation by preventing others from using or building upon existing algorithms. Third, patents can be used to create monopolies, which can lead to higher prices and less choice for consumers.

The Current State of the Law

The current state of the law on algorithm patents is complex and evolving. In the United States, the Supreme Court has not yet ruled on the patentability of algorithms. However, the USPTO has issued several guidelines on the issue. In general, the USPTO will grant patents for algorithms that are novel, non-obvious, and useful. However, the USPTO will not grant patents for algorithms that are merely abstract ideas.

The Future of Algorithm Patents

The future of algorithm patents is uncertain. However, it is clear that algorithms are becoming increasingly valuable. As a result, it is likely that we will see more and more companies seeking to patent their algorithms. It remains to be seen how the courts will rule on the patentability of algorithms. However, it is clear that this issue will have a significant impact on the future of innovation.

Conclusion

The debate over algorithm patents is likely to continue for many years to come. However, it is important to remember that patents are not the only way to protect intellectual property. There are other options available, such as copyright, trade secrets, and trademarks. It is important to choose the right option for your particular needs.

Additional Resources

• The USPTO's Guidelines on Patent Eligibility for Algorithms
• The Supreme Court's Decision in Alice Corp. v. CLS Bank International

Keywords

• Algorithms
• Intellectual property
• Patents
• Innovation
• Fair use
• Monopolies