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[News] Murky Future for Software Patents in the US

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Software and business method patents, post-Bilski

,----[ Quote ]
| Can I patent software running on a general purpose computer?
| 
| The Bilski court focused on data-processing methods, and did not address the 
| patentability of hardware or software per se. A key question for the future 
| is how the phrase “tied to a particular machine” will be applied to software 
| patents. If interpreted narrowly — i.e., requiring the use of special-purpose 
| computing hardware to receive a patent — many, if not most, business method 
| and software patents may not survive. If it is read less restrictively, the 
| status quo may prevail. In either case, patents for inventions implemented as 
| software should include some structural and functional components in the 
| patent application and the claims. Claims covering human activity are now 
| seemingly a thing of the past.         
`----

http://www.masshightech.com/stories/2008/12/08/focus3-Software-and-business-method-patents-post-Bilski.html

Victory, defeat and unenforceable patents

,----[ Quote ]
| The IPKat is always saddened when all that effort that goes in 
| standards-setting leads to litigation. In theory it should be friction-free 
| and competition-friendly, but technical misunderstandings and misjudgments, 
| drafting imperfections, impatience and opportunism all play their part in 
| ensuring that the gulf between the ideal and the real remains as wide as 
| ever. Merpel says, you'd think that Open Source licensing would provide more 
| litigation and patent standards less -- but it's very much the other way 
| round. This looks like a good topic for a PHD thesis or two.       
`----

http://ipkitten.blogspot.com/2008/12/victory-defeat-and-unenforceable.html


Recent:

Patent system 'stifling science'

,----[ Quote ]
| The traditional view is that strong patent protection stimulates innovation,
| reassuring companies that it is safe to invest in research without fear of
| being stung by rivals.
|
| [...]
|
| The full benefits of synthetic biology and nanotechnology will not be
| realised without urgent reforms to encourage sharing of information, they
| say.
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http://news.bbc.co.uk/1/hi/sci/tech/7632318.stm
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