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BPAI: “Programmed Computer Method” Not Patentable Subject Matter
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| Halligan's patent application claims a "programmed computer method" that
| operates to identify trade secret information. (Claim 119). In essence, the
| computer program has the common law rules of trade secrets hardcoded, and
| those rules are applied to determine whether particular information is
| a "trade secret." Applying the machine-or-transformation test of Bilski, the
| Board of Patent Appeals and Interferences (BPAI) rejected Halligan's claims
| as lacking patentable subject matter under 35 USC § 101.
|
| Under Bilski, "[a] claimed process is surely patent-eligible under § 101 if:
| (1) it is tied to a particular machine or apparatus, or (2) it transforms a
| particular article into a different state or thing." To avoid preemption the
| Federal Circuit emphasized that "the use of a specific machine or
| transformation of an article must impose meaningful limits on the claim's
| scope to impart patent-eligibility;" that "the involvement of the machine or
| transformation in the claimed process must not merely be insignificant
| extra-solution activity;" and that the transformation "must be central to the
| purpose of the claimed process."
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http://www.patentlyo.com/patent/2008/11/ex-parte-hallig.html
FTC Announces First in Series of Hearings on Evolving Intellectual Property
Marketplace
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| The US Federal Trade Commission has announced the first of a possible series
| of public hearings to explore the evolving market for intellectual property
| (IP). The hearings will be held beginning on December 5, 2008, in Washington,
| DC. "The patent system has experienced significant change since the FTC
| released its first IP Report in October 2003, and more changes are under
| consideration. The courts and patentees are exploring the full implications
| of Supreme Court and Federal Circuit decisions on injunctive relief,
| patentability, and licensing issues. Congress has considered sweeping
| legislative patent reform, and new debates on the appropriate methods for
| calculating infringement damages have engaged the patent community. New
| business models for buying, selling and licensing patents have emerged and
| evolved since 2003. In addition, there is new learning regarding the
| operation of the patent system and its contribution to innovation and
| competition."
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http://lwn.net/Articles/308175/
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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