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Patent decision: New Roadblock to Software/Tech Patents
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| Although the Bilski case doesn’t involve computer software, the implications
| for a software company may be enormous. Expect several immediate outcomes
| from this court decision –
|
| - A “pure business method” patent claim is clearly not patentable. Such
| business method patent claims often set out broad, human-implemented type
| processes, without requiring the use of a computer.
|
| - Software patents will need to be drafted very differently in the future to
| enhance the likelihood of the U.S. Patent Office agreeing to issue a software
| patent.
|
| - Existing software patents may be challenged and attacked, particularly if
| the patent owner is trying to enforce rights against others.
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http://techjournalsouth.com/news/article.html?item_id=6395
Responding to Groklaw Regarding Bilski
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| Groklaw is right about one thing for sure though, Microsoft filed an amicus
| brief asking that software and business method patents be curtailed. The
| trouble with this, however, is that Microsoft's motives were anything but
| pure and anything but intelligent. The fact that a major corporation would
| advocate a position that will ultimately lead to their demise is hardly
| newsworthy. Microsoft and the other members of the Coalition for Patent
| Fairness have taken the position that patents should provide weaker rights
| and be harder to get. While this is short sighted, it is also self serving.
| These technology companies get sued constantly and sometimes unfairly. As a
| result, much of what they support are measures aimed to curtail litigation
| where they are the defendant. The fact that the positions they take are
| significantly weakening their own intellectual property portfolios and will
| make it much easier for the next generation of mega-companies to supplant
| them as market leaders demonstrates that their position is not at all
| rational and is likely impulsive.
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http://www.pli.edu/patentcenter/blog.asp?view=plink&id=372
Overall, it's a huge victory for Free software.
Recent:
Bilski ruling: a victory on the path to ending software patents
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| As opinions form about the extent to which the Court ruling impacts the
| patenting of software, one thing is clear. The State Street ruling that in
| 1998 opened the flood gates to the patenting of business methods and software
| has been gutted, if not technically overturned.
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http://www.fsf.org/news/esp-bilski
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