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Stop Wasting Money On Patents
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| Patent law is currently broken. Especially
| software patent law. A pending Supreme Court
| case (Google Bilski for more info) may fix it
| or make further break it. In short, you can
| expect to pay more for, wait longer for, and
| get less from your patents than you would have
| 5 or 10 years ago.
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http://erikjheels.com/?p=2167
Launching Public Discussion of CC Patent Tools
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| Weâre happy to announce that weâre launching
| the public comment and discussion period for
| our new patent tools: the Research Non-
| Assertion Pledge and the Public Patent
| License. We invite you to join the discussion
| at our public wiki. There you can read about
| these tools, catch up on hot topics of
| interest to the community, or join our public
| discussion list to contribute your thoughts
| and suggestions.
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http://sciencecommons.org/weblog/archives/2010/04/02/launching-public-discussion-of-cc-patent-tools/
Recent:
Gene patenting and free software: a breakthrough
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| In reaching his legal conclusions, Judge
| Sweet relied significantly on the recent
| opinion of the Court of Appeals for the
| Federal Circuit, which has primary
| responsibility for interpreting the
| nation's patent law, In re Bilski, 535 F.3d
| 943 (2008), now pending in the Supreme
| Court. Bilski, as readers here will know,
| raises issues concerning the patentability
| of business methods and computer software,
| on essentially the same basic ground: that,
| as the Supreme Court has said, "phenomena
| of nature, though just discovered, mental
| processes, and abstract intellectual
| concepts are not patentable, as they are
| the basic tools of scientific and
| technological work." Gottschalk v. Benson,
| 409 U.S. 63, 67 (1972). Judge Sweet's
| opinion may be said to raise the stakes on
| Bilski slightly, but the parts of the
| Federal Circuit opinion on which Judge
| Sweet relies are not about the "specialized
| machine or transformation of matter" test
| adopted by the Federal Circuit to
| distinguish patentable from unpatentable
| inventions involving computer software and
| methods of doing business. Judge Sweet
| followed the Federal Circuit closely in its
| expression of the settled law of patent
| scope, making it more unlikely that the
| Federal Circuit, which will hear the
| inevitable appeal from Judge Sweet's
| judgment, will be inclined to disturb the
| conclusion.
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http://opensource.com/law/10/4/gene-patenting-and-free-software-breakthrough
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