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[News] Analysis: Software Patents May be Dying for Good

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Ctrl-Z: a return to the Supreme Court's software patent ban?

,----[ Quote ]
| With the USPTO and courts cracking down on software patents, Ars looks 
| closely at the Supreme Court's software patent decisions. Yes, the Supremes 
| really did say that algorithms can't be patented. In spite of the fact that 
| their rulings have been functionally ignored for almost 20 years, the tide 
| may be about to turn.    


Getting Into The Supreme Court's Mind On Software Patents...

,----[ Quote ]
| With the CAFC's decision on Bilski being appealed to the Supreme Court, it's 
| worth thinking about how the Supreme Court might actually view the question 
| of software and business model patents. While patent system defenders go 
| through all sorts of twists and turns to explain why software should be 
| patentable, Tim Lee has a detailed explanation of why software should not be 
| patentable, based on earlier Supreme Court precedent.      



Looks Like Bilski Decision Is Leading To Many Software Patent Claim Rejections

,----[ Quote ]
| When the Bilski decision came out, we said that it would greatly limit
| software patents, but various patent system defenders (mostly lawyers)
| insisted that I was wrong and most software was still perfectly patentable.
| Basically, they said it just meant everyone had to write claims differently,
| and we'd have just as many software patents as before.


Intellectual Privilege

,----[ Quote ]
| [T]he term "intellectual privilege" seems to work. It's got the right initial
| letters, which is a huge win! But it also correctly describes the actual
| nature of the temporary rights we're considering.



If Intellectual Property Is Neither Intellectual, Nor Property, What Is It?

,----[ Quote ]
| The main reason why I have trouble with the "property" part isn't just the
| fact that it leads people to try to pretend it's just like tangible property,
| but because it automatically biases how people think about the concept.


What Does "IP" Really Mean?

,----[ Quote ]
| For readers of Linux Journal, "IP" almost certainly refers to the Internet
| Protocol, part of the TCP/IP suite that underpins the Internet. But to most  
| people, if it means anything, "IP" refers to something known as "intellectual
| property". This widespread recognition is rather curious,
| because "intellectual property" does not exist.  


Intellectual Property: setting the record straight

,----[ Quote ]
| Instead of speaking of “intellectual property”, which invokes that feel-good
| idea of property and ownership, we should speak of “intellectual monopolies”.
| For this is precisely what copyrights and patents are: they are monopolies
| granted by governments for a limited period as part of a bargain - that, in
| return, those who are granted those monopolies hand them over to the public
| domain once the term of the monopoly has lapsed.


Microsoft Interrupts CES Webcast To "Repect Intellectual Property"

,----[ Quote ]
| I could be wrong, but isn't the whole keynote about their
| intellectual property?
| Not to mention, about a million people will leak the information
| within minutes anyway.
| If Microsoft is wondering how they can make themselves "hipper"
| in the eyes of the consumer, not displaying messages like this
| one would be a great start.


Mondaq: United States: Federal Circuit Narrows Patent Eligible Subject Matter
In In Re Bilski

,----[ Quote ]
| 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.


Economist Critic of Software Patents gets Nobel Prize

,----[ Quote ]
| The FFII congratulates Eric S. Maskin, an economist who has long criticised
| the patenting of software, for receiving the 2007 Nobel Prize for Economics.
| Prof. Maskin and two colleagues receive the Prize for research into the
| optimal design of economic mechanisms. By applying his theory to the IT
| sector, Maskin demonstrated "that in such a dynamic industry, patent
| protection may reduce overall innovation and welfare."


Intellectual Property Regime Stifles Science and Innovation, Nobel Laureates

,----[ Quote ]
| Patent monopolies are believed to drive innovation but they actually impede
| the pace of science and innovation, Stiglitz said. The current “patent
| thicket,” in which anyone who writes a successful software programme is sued
| for alleged patent infringement, highlights the current IP system’s failure
| to encourage innovation, he said.
| Another problem is that the social returns from innovation do not accord with
| the private returns associated with the patent system, Stiglitz said. The
| marginal benefit from innovation is that an idea may become available sooner
| than it might have. But the person who secures the patent on it wins a
| long-term monopoly, creating a gap between private and social returns.

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