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[News] Software Patent/s Blocked in the United States

  • Subject: [News] Software Patent/s Blocked in the United States
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Sun, 25 Apr 2010 11:05:47 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
Hash: SHA1

BPAI Remanding Cases Involving Computer-Oriented Means-Plus-Function Claims

,----[ Quote ]
| In Ex party Rodriguez, the BPAI rejected a 
| patent applicant's means-plus-function (MPF) 
| claims as indefinite for failing to provide 
| any corresponding structures in the 
| specification beyond a general purpose 
| computer. That decision followed the Federal 
| Circuit's Aristocrat holding that "simply 
| disclosing a computer as the structure 
| designated to perform a particular function 
| does not limit the scope of the claim to 'the 
| corresponding structure, material, or acts' 
| that perform the function, as required by 
| section 112 paragraph 6."



Lessons From Software For Patents, vs. Solving the Software Patent Problem

,----[ Quote ]
| Software patents may be going the way of network neutrality: an arcane policy
| problem once the preserve of a small circle of wonks is becoming a
| politicized slanging match. In both cases an esoteric but important research
| question has become a point of leverage for certain interest groups. In both
| cases the subject (ânetwork neutralityâ, âsoftware patentsâ) is at best
| poorly defined, typically has multiple possible meanings, and at worst is so
| vague as to be useless. And in both cases, the poster child is the small-time
| innovator, while the sugar daddy is a big money player minimizing costs (e.g.
| content providers who love net neutrality, and VCs who hate software
| patents).


Editorial: High tech needs patent reform

,----[ Quote ]
| It isn't often that you see heavyweights in the tech world duking it out in a
| high-stakes match, with Congress as the referee. It's happening today over
| proposed reforms in patent law, which pits the software and information
| technology giants against their counterparts in biotech. The issues are as
| fascinating as they are thorny â and while each side paints the choices as
| black and white, there's enough gray here to cover a fleet of battleships.
| [...]
| One reform everyone agrees on is the need to expedite patent applications.
| The U.S. Patent and Trademark Office has just over 5,000 underpaid and
| overworked examiners to review more than 400,000 new applications each year.
| It would take them two years just to catch up on the current backlog if no
| new applications arrived. This, too, is stifling innovation. The office needs
| the money for more staff.

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