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New Patent Test for Machines Using Mathematical Algorithms
,----[ Quote ]
| Although the decision came out in August, it
| wasnât until this month that it became
| precedential, and so applicable going forward
| to other patent cases. As the decision notes,
| what this does is provide permission for
| patent examiners to use this test a new
| ground for rejecting a patent application.
| And you can bet that patent attorneys in the
| software field will be pouring over this.
`----
http://industry.bnet.com/technology/10004476/new-patent-test-for-machines-using-mathematical-algorithms/
Patent Office Releases New Temporary Post-Bilski Test For Software Patents
http://techdirt.com/articles/20091222/1027497468.shtml
US Patent Office sets up new hurdle for software patents
,----[ Quote ]
| The US Patent Office has put a further stop
| to the granting of patents for mathematical
| formulae and software "per se". In future,
| the authority's examiners in Washington, DC
| will have to clarify whether a patent
| application is limited to a "mathematical
| algorithm applied to a tangible practical
| application that resulted in a real-world
| use". Furthermore, patents cannot be claimed
| for "every conceivable application" of an
| algorithm in a specific field of technology
| or a technology in general.
`----
http://www.h-online.com/open/news/item/US-Patent-Office-sets-up-new-hurdle-for-software-patents-892616.html
US Patent Office tightens the screws on software patents
,----[ Quote ]
| A decision from a key panel at the Patent
| Office builds on last year's Bilski decision
| to place new limits on software patents. Just
| running some algorithm on a PC and claiming
| that you've built a patentable "machine" may
| not work any more.
|
| The Board of Patent Appeals and Interferences
| (BPAI), a key panel within the Patent Office,
| has tightened the rules for American software
| patents. The recently-released decision
| builds on last year's landmark ruling by the
| United States Court of Appeals for the
| Federal Circuit in the case of In Re Bilski.
| In that case, the Federal Circuit focused on
| business method patents and had left key
| questions about the patentability of
| software-related inventions unanswered.
|
| The new ruling will give thousands of
| American patent examiners guidance about how
| to apply the holdings of Bilski in software
| patent cases.
`----
http://arstechnica.com/tech-policy/news/2009/12/us-patent-office-tightens-the-screws-on-software-patents.ars
Score Two Wins Against Software Patents
,----[ Quote ]
| I am an optimist. And I am optimistic that
| progress will be made against software
| patents and for a Startup Visa in 2010.
`----
http://www.enterpriseirregulars.com/7216/score-two-wins-against-software-patents/
Supreme Skepticism Toward Method Patents
http://www.stephankinsella.com/2009/11/25/supreme-skepticism-toward-method-patents/
Recent:
Appeals court denies Microsoft's Alcatel petition
,----[ Quote ]
| A federal appeals court on Monday rejected
| Microsoft Corp's (MSFT.O) request that it
| reconsider the way patents are upheld in
| court cases, as the software maker
| continues its long legal battle with French
| telecoms equipment company Alcatel-Lucent
| (ALUA.PA).
|
| Microsoft, which infringed an Alcatel-
| Lucent patent, according to a lower court
| jury last year, asked the appeals court to
| hear its argument that a patent could be
| held invalid if evidence is presented in a
| court case that was not available at the
| time the patent was granted.
`----
http://www.reuters.com/article/marketsNews/idUSN2326176520091124
Open Source for All?
http://www.dealingwithtechnology.com/public/showPage.html?validate=0&page=dwt_login&url=%2Fpublic%2FshowPage.html%3Fpage%3D871528
Bilski Oral Argument at the US Supreme Court
,----[ Quote ]
| The Supreme Court recently heard oral
| arguments in a case that could give the
| free software community (and software
| developers everywhere) a huge win in the
| fight against software patents. Free
| Software Foundation executive director
| Peter Brown was on the scene, and reflects
| on the Bilski case, the oral arguments, and
| the desperate need for change.
`----
http://www.fsf.org/blogs/community/supreme-court-bilski
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