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Software and business method patents, post-Bilski
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| 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.
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http://www.masshightech.com/stories/2008/12/08/focus3-Software-and-business-method-patents-post-Bilski.html
Victory, defeat and unenforceable patents
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| 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'
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| 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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