-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
Software patents
,----[ Quote ]
| Iâve considered the arguments by Stallman,
| John Gruber, and Tim Bray on software
| patents, and I side with Stallman in that
| software patents are inherently problematic
| and are a net loss for society.
|
| The major difference in their arguments is
| that, while all three mention the realities
| and dysfunctions of the patent system,
| Stallman focuses strongly on the difference
| between what itâs intended to do and what
| actually happens. He also illustrates the
| reality of trying to develop any nontrivial
| software in a patent-filled landscape.
|
| [...]
|
| The lesson learned in this case is that
| although a claim may not explicitly and
| positively recite a structural element, the
| claim may require a specific structure to
| perform the steps of the claim. If that
| structure satisfies the machine prong of the
| machine-or-transformation test, an
| Examiner's 35 U.S.C. Â101 non-statutory
| subject matter rejection may be reversed
| under Bilski.
`----
http://www.marco.org/430351101
Today: U.S. Patent Office Reverses Â35 U.S.C. 101 Non-Statutory Subject Matter Rejection under Bilski
,----[ Quote ]
| In one of its last decisions of today, the
| Board of Patent Appeals and Interferences
| (BPAI) reversed a Patent Examiner's 35
| U.S.C. Â101 non-statutory subject matter
| rejection of a key Invatron Systems
| invention. As a Miami Patent Attorney, this
| case was interesting because I haven't seen
| any BPAI decisions regarding 35 U.S.C. Â101,
| much less a decision that invokes Bilski, in
| a while.
|
| At issue was an Invatron Systems claim
| pertaining to a scale for weighing items,
| wherein the scale included a computer that
| performed a series of steps, such as
| providing a coupon. The Examiner found the
| claims recite a method of purely mental
| steps, not tied to another statutory class.
| The Appellants contended the claimed method
| recites steps including providing a coupon
| to the customer and that these steps cannot
| be performed purely mentally since there is
| no way to provide a coupon without the
| coupon being physically inputted into the
| weigh station display.
`----
http://www.floridapatentlawyerblog.com/2010/03/today-us-patent-office-reverse.html
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.9 (GNU/Linux)
iEYEARECAAYFAkuWASQACgkQU4xAY3RXLo724gCfacfwX+KDIJYgp5car6GUepnU
ar0AniHp5MellwU6Sg3OgLHUpOM9G6rR
=tYUg
-----END PGP SIGNATURE-----
|
|
