Do you agree that this software should be patentable?
No.
Maybe you'd say that the software isn't patentable, but using the software with the machine is?
No.
If you design a better blender, it is an visible improvement that can be immediately adopted by existing manufacturers before you can capitalize on your invention. There is little to prevent this from happening. It is unlikely that you will create a better blender, but should you manage to do so the people of the United State of America will grant you exclusive production for a limited number of years.
If you create software that better controls mixing equipment, you can license your software to existing manufacturers. You are protected from competitors by copyright and trade secret. You can license the idea to companies by developing software directly for their hardware and only providing them object code. If they create a new product based on reverse engineering your object code (clearly for reasons other than interoperability), you can seek damages.
Patents are for inventions which are expensive, visible, and not otherwise protected. Software, like literary works and the formula for Coke-a-Cola, has other protections. When patents are applied to industries where invention is common, hidden, and independent invention is likely, the system falls apart.
No.
Maybe you'd say that the software isn't patentable, but using the software with the machine is?
No.
If you design a better blender, it is an visible improvement that can be immediately adopted by existing manufacturers before you can capitalize on your invention. There is little to prevent this from happening. It is unlikely that you will create a better blender, but should you manage to do so the people of the United State of America will grant you exclusive production for a limited number of years.
If you create software that better controls mixing equipment, you can license your software to existing manufacturers. You are protected from competitors by copyright and trade secret. You can license the idea to companies by developing software directly for their hardware and only providing them object code. If they create a new product based on reverse engineering your object code (clearly for reasons other than interoperability), you can seek damages.
Patents are for inventions which are expensive, visible, and not otherwise protected. Software, like literary works and the formula for Coke-a-Cola, has other protections. When patents are applied to industries where invention is common, hidden, and independent invention is likely, the system falls apart.