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Microsoft fires patent broadside at Linux
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| Due to the Bilski ruling, new software patent evaluation rules have come into
| existence and just recently IBM lost claim to one of its database query
| patents. It was rejected because the innovation isn’t “tied to a particular
| machine”.
|
| The BPAI goes on to justify the rejection by pointing out that the “system”
| on which the innovation operates is “not recited in terms of hardware or
| tangible structural elements”, which is to say that the patent is rejected
| because the elements of the claim are “implemented solely in software or
| algorithms”.
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http://mybroadband.co.za/blogs/2009/03/10/microsoft-fires-patent-broadside-at-linux/
Federal Circuit Bars Patent for Business 'Paradigm'
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| "A paradigm is basically a way of doing something," Harris said. "I was
| trying to define a whole new set of claims -- a new style of claims."
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http://www.law.com/jsp/article.jsp?id=1202428886598
Recent:
Patents for software?
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| The EPO does not grant patents for computer programs or computer-implemented
| business methods that make no technical contribution. Programs for computers
| as such are excluded from patentability by virtue of Art. 52(2)(c) and (3)
| EPC. According to this patent law, a program for a computer is not patentable
| if it does not have the potential to cause a "further technical effect" which
| must go beyond the inherent technical interactions between hardware and
| software.
|
| On the other hand, a CII (even in the form of a computer program) that can
| provide this further technical effect can be patentable, subject to the other
| patentability requirements, such as novelty and inventive step. In this case,
| it would be recognised as providing a technical solution to a technical
| problem.
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http://www.epo.org/topics/issues/computer-implemented-inventions/software.html
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