Mon, 01 Jun 2009

Supreme Court To Review Bilski

Big news indeed, with a potentially huge impact. If reversed this would probably invalidate the vast majority of software patents.

Big news on the patent front: the Supreme Court decided today to review the validity "business method" patents. In particular, the Supremes will look over the "In re: Bilsky" case, which we have discussed before. By agreeing to weigh in on the case, the high court is venturing into controversial terrain. Critics of business-method patents say it was never the intent of the law to protect such things, which in their view are often far closer to abstract concepts or mathematical algorithms rather than physical inventions. Proponents say they are key to promoting innovation in today's knowledge- and service-based economy. ... The court's decision to review the Bilski case caught many observers by surprise. The Bilski patent claims are widely viewed as vulnerable to challenge on a number of grounds, and the sense among some experts was it would make a poor test case. ... The Supreme Court won't hear arguments in Bilski until its next term, which begins in October. A ruling is likely during the first half of 2010.

(link) [Slashdot]

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