GROKLAW (recommended reading to understand the difference!)

GROKLAW: "If I were to invent a device for finding mushrooms in a forest — as a mycophile, this an idea I've actually spent some time on — then it would doubtless contain software. For example, I could develop an algorithm that sorted and counted spores in an air sample through video analysis, but all the patent would care about would be a black box that produced a spore analysis to ring a bell, point an arrow or whatever. That would be strong enough to protect my invention — even if someone came up with a different way to sort spores — but wouldn't stop anyone else from using video analysis to check for dandruff or cocaine particles at parties. That seems to sensibly encompass the balance between protection and disclosure that the patent system is designed to strike."