Fri, 31 Oct 2008

Federal Circuit Appeals Court Limits Business-Method Patents

We're getting there ...

The Court of Appeals for the Federal Circuit has just issued its much-anticipated opinion in In Re Bilski [PDF]. This was a re-visit of the State Street issue of what constitutes patentable subject matter (including whether software and business methods are patentable). In summary, the court has affirmed and strengthened the 'machine-or-transformation' test, upholding the patent office's rejection of claims on a method to hedging risk in the field of commodities trading. Although the court refused to categorically exclude software patents, it is likely that the reasoning of this decision will be used to reject many software patents (note that some of the dissenting judges would have completely overturned State Street and tossed out all software and business method patents). Although not as sweeping as some had hoped for, it is certain that this decision, along with the Supreme Court's KSR decision last year, will lay a difficult mine field for those who want to patent software and business methods.

(link) [Slashdot]

/Copywrongs | 1 writeback | permanent link

On 10/31/2008 11:20:57
jhc wrote

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