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Standardisation and Patents
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| Software patents have been a hugely controversial debate, with lines of
| battle drawn primarily between large corporations holding large patent
| portfolios and engaged in multiple cross-licensing deals, and the Have-Nots,
| entrepeneurs, small and medium enterprises, and software users from the
| student using GNU/Linux all the way to institutional users in governments.
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http://fsfeurope.org/projects/os/ps
Can You Still Patent a Method of Doing Business?
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| Moreover, the court indicated that "[p]urported transformations or
| manipulations simply of public or private legal obligations or relationships,
| business risks, or other such abstractions cannot meet the test, because they
| are not physical objects or substances, and they are not representative of
| physical objects or substances."
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http://www.ecommercetimes.com/rsstory/65333.html
Recent:
Mondaq: United States: Federal Circuit Narrows Patent Eligible Subject Matter
In In Re Bilski
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| Worth noting, however, is that Bilski did not claim a computer implementation
| of the recited method or a software claim. Thus, the "machine" prong of the
| machine-or-transformation test remains untested by the Federal Circuit as a
| result of the Bilski decision. However, the Court noted that in order to pass
| muster under the machine prong, the use of such a machine must "impose
| meaningful limits on the claim's scope." Field of use or insignificant
| extra-solution activity will not suffice. Moreover, the process claim in
| issue in Bilski was found to "not ... be a software claim." It therefore also
| remains open as to how or if a software clam can be written to satisfy the
| transformation prong of the test.
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http://www.digitalmajority.org/forum/t-109719/mondaq:united-states:federal-circuit-narrows-patent-eligible-subject-matter-in-in-re-bilski
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