David Veksler makes the
case against software patents
. The main problem with software patents is the difficulty to apply objective standards to it.
- The protection of intellectual property requires the ability to create and apply an objective standard. Attempting to enforce property rights without the existence of an objective criteria or the ability to apply it violates real property rights, regardless of the potential benefits. Furthermore, the existence of patents must be evaluated in a cost-benefit analysis, at least if the purpose of patents is to provide a benefit to the inventor.
The protection of intellectual propery is a two-edged sword. If you fail to apply rigid standards to it, other persons intellectual properties may be harmed, because they are forbidden to use ideas they developed independently. On the other hand physical property rights are violated, because third persons cannot use their property in the way they choose.