Proposed Prior Art Legislation for Computer Program Patent Applications: Creating a Potential for Coexisting Patents

Although both copyright and patent law can be used to protect computer programs, this Note suggests that sui generis protection should be established for software. The author provides background information, including a description of various computer related terms, a discussion of the patentability of algorithms, and a discussion of the United States Supreme Court\u27s decision in Diamond v. Diehr. This Note then proposes that pending software patents, even if eventually granted, should not constitute prior art for computer program patents