When you say "how the law actually works" do you intend to mean:
At the
USPTO/Federal Circuit level?
or
At the Supreme Court
level?
Because the two are not in sync and the Supreme Court is "it who
overrules all".
To show you what I mean, a quote from
Mayo:
simply implementing a mathematical principle on a physical
machine, namely a computer, was not a patentable application of that
principle
Decided in Oct 2011. That's pretty recent. And a pretty
clear statement from the Supremes.
So... only having "software +
computer" = non patentable subject matter. Of course - the Supremes have not
quite yet made explicitly clear software = math. So differences of opinion will
start to raise. Such as asking the question "please identify software that does
not implement math".
On the other hand, the USPTO and Federal Circuit
have previously allowed math + computer = patentable. Recently, however, the
Federal Circuit appears to be having a reversal of that with their most recent
decision in CLS Bank.
I guess which "current law" you feel
holds depends on whether you side with the Supremes, USPTO and/or Federal
Circuit and which of those rulings you hold to.
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