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BPAI Remanding Cases Involving Computer-Oriented Means-Plus-Function Claims
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| 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."
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http://www.patentlyo.com/patent/2010/04/bpai-remanding-cases-involving-computer-oriented-means-plus-function-claims.html
Recent:
Lessons From Software For Patents, vs. Solving the Software Patent Problem
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| 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).
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http://deepfreeze9.blogspot.com/2009/03/lessons-from-software-for-patents-vs.html
Editorial: High tech needs patent reform
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| 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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http://www.mercurynews.com/opinion/ci_12076041?nclick_check=1
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