We recommend the passage of a law to exclude software from the domain of patents. An advantage of this method is that it would not be necessary to classify patent applications into hardware and software when examining them. Ideal mathematical components are defined by abstract rules, so that failure of a component is by definition impossible. The behavior of any system built of these components is likewise defined by the consequences of applying the rules step by step to the components.
Software can be easily and cheaply copied.
Following this criterion, a program to compute prime numbers is a piece of software. A mechanical device designed specifically to perform the same computation is not software, since mechanical components have friction, can interfere with each other's motion, can fail, and must be assembled physically to form a working machine. Any piece of software needs a hardware platform in order to run. The software operates the features of the hardware in some combination, under a plan. Our proposal is that combining the features in this way can never create infringement.