Let's look at this a bit more precisely. True that mathematical formulas and laws of physics are not patentable. However, a specific use of either to solve a

Let's look at this a bit more precisely. True that mathematical formulas and laws of physics are not patentable. However, a specific use of either to solve a specific problem is patentable provided the three constraints (non-obviousness, usefulness and novelty) are satisfied. Software is not mathematics -- A computer science algorithm could arguably be, but "software" is not. Software is a specific implementation using that mathematics that sits onto your CD or hard-disk where "mathematics" cannot sit (sure copyrightable representations of that mathematics do). And software gets appropriately subject to copyright laws. Applying software to solve a specific problem is no different than applying hardware or mathematics to solve a specific problem. If those patent-ability constraints are satisfied, there is nothing wrong with software patents "in principle". Fixing the practice is another thing. Second refutation I have comes from my personal experience. No, most of the software developers are not mathematicians. Often far from that in practice. Many don't even understand computer science (including myself partly). We can still however make software inventions that satisfy the three constraints. I know this topic remains debatable. And at least a part of the reason is that the issues are often not correctly understood by people and the law-makers. Add to that the pace at which laws are adjusted to changing practices in the industry. Edit: Disclaimer: I am not a lawyer.