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Perhaps methods should become unpatentable when implemented by machine because the cost-benefit of the patent bargain in current context no longer advances the public policy behind patent law.

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As far as I know there is no evidence that the patent system as a whole is a net benefit to society. The negative effects are clearly visible like the formation of oligopolies, litigation costs, licensing costs and so on. So unless one can present data that the positives outweigh the negatives the whole system should be abolished. As a practical matter it might be much easier to end software patents than it is to end all patents.

I mean adoption by nearly every legal system in the world is a pretty good indicator. You’d think developing economies would be trying to unchain their competitiveness by getting rid of patents, but as China outgrows its phase of stealing technology and starts the phase of developing original technology, it’s developing its patent law and providing for enforcement.

Developing economies get pressured to implement western style IPR regimes as part of trade negotiations, to the point of getting draft legislation written by foreign powers.

See: https://www.grain.org/article/entries/399-information-feudal...

(whole book: https://www.anu.edu.au/fellows/pdrahos/books/Information%20F...)

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