But, in circumstances where patents have been sought over software to merely implement abstract ideas or business methods, the courts and the Commissioner of Patents have resisted granting patent protection to such applications both as a matter of statutory interpretation and policy.
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Software patents can be written as either a product or a method, depending on the standards of review.
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Software patents to improve the internal performance of the computer, such as a software can improve the virtual memory of the computer;.
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In India, a clause to include software patents was quashed by the Indian Parliament in April 2005.
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Since 2006, the average grant rate for business method Software patents has risen to the current rate of roughly 25 percent.
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In South Korea, software is considered patentable and many patents directed towards "computer programs" have been issued.
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Emergence of the Internet and e-commerce led to many patents being applied for and being granted for business methods implemented in software and the question of whether business methods are statutory subject matter is a separate issue from the question of whether software is.
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US, the purpose of Software patents is laid down in the constitutional clause that gives Congress the power to "promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;".
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Software patents is protected as works of literature under the Berne Convention.
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Much of this has been caused by free software or open source projects terminating when the owners of patents covering aspects of a project demanded license fees that the project could not pay, or was not willing to pay, or offered licenses with terms that the project was unwilling to accept, or could not accept, because it conflicted with the free software license in use.
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