Some assume that by requiring that embodiments of a patent have effects that depend on laws of nature (though excluding software as such) conceptual problems can be solved. This cannot be excluded per se though it may get paradoxical as follows:
Taking this observation to the extreme: in a context where software as such
cannot be patented and technical effects are required, one may be tempted to
split a software invention into claimed components and stated components
where the stated components are part of the justification of the claimed
components. Interestingly this introduces a tendency to trivialize a patent
description. More importantly, however, the whole state of affairs with
and
is conceptually inconsistent. Therefore the dogma's that software as
such cannot be patented and technical effects are required make sense only
in a setting where one assumes beforehand that a collection of software
components never represents a part of technology.