Home Messages Index
[Date Prev][Date Next][Thread Prev][Thread Next]
Author IndexDate IndexThread Index

[News] Clarifications on Scope of Software Patents Death

Hash: SHA1

Patent decision: New Roadblock to Software/Tech Patents

,----[ Quote ]
| 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.  


Responding to Groklaw Regarding Bilski

,----[ Quote ]
| 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.               


Overall, it's a huge victory for Free software.


Bilski ruling: a victory on the path to ending software patents

,----[ Quote ]
| 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.

Version: GnuPG v1.4.9 (GNU/Linux)


[Date Prev][Date Next][Thread Prev][Thread Next]
Author IndexDate IndexThread Index