All algorithms are theorems. All theorems can be represented by unique numbers (Gödel numbers). In the abstract sense they exist at all, all numbers exist prior to their use. Therefore all algorithms are discoveries, not inventions.
Ok, this argument sounds clever at first but is actually trite, being excessively reductionist and ignoring that some intellectual creativity occurs in most discovery. Most obviously it motivates a better proper definition of the term "invention". Patentable inventions should always be applications of technology, not the technology itself.
The whole purpose of patents is to encourage more innovation that benefits economies as a whole, by granting a temporary monopoly to entities to benefit from the process and expense of invention. Standing to sue should be on that basis; transference of rights to another entity should not whitewash that socio-economic responsibility. Everyone with distate for the NPEs understands this.
Ok, this argument sounds clever at first but is actually trite, being excessively reductionist and ignoring that some intellectual creativity occurs in most discovery. Most obviously it motivates a better proper definition of the term "invention". Patentable inventions should always be applications of technology, not the technology itself.
The whole purpose of patents is to encourage more innovation that benefits economies as a whole, by granting a temporary monopoly to entities to benefit from the process and expense of invention. Standing to sue should be on that basis; transference of rights to another entity should not whitewash that socio-economic responsibility. Everyone with distate for the NPEs understands this.