Federal Circuit to Consider the Patentable Subject Matter of Software at Robert Pogson

Federal Circuit to Consider the Patentable Subject Matter of Software

Published by Robert Pogson October 10th, 2012 in technology. 4 Comments

“Federal Circuit is inviting the parties and amici to address the following questions:

a. What test should the court adopt to determine whether a computer-implemented invention is a patent ineligible "abstract idea”; and when, if ever, does the presence of a computer in a claim lend patent eligibility to an otherwise patent-ineligible idea?

b. In assessing patent eligibility under 35 U.S.C. § 101 of a computer-implemented invention, should it matter whether the invention is claimed as a method, system, or storage medium; and should such claims at times be considered equivalent for § 101 purposes?

“

see Groklaw – Federal Circuit to Consider the Patentable Subject Matter of Software ~ mw.

It’s about time. Too bad it’s not SCOTUS yet.

- Robert Pogson

4 Responses to “Federal Circuit to Consider the Patentable Subject Matter of Software”

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1 dougman Oct 10th, 2012 at 10:07 am

Software patents should be all tossed out.

Software Patents only serve to harm innovation. Whats more nearly every book on the subject states it is best to not even search for a patent due to the extra punishment for knowingly violating a patent. So every company ignores the patent system because there are so many garbage patents out there that it is impossible to write software without violating someones patent.

Patent trolls hurt the economy far more than they help. In particular, their lawsuits cost about half a trillion dollars of lost wealth to defendants from 1990 through 2010, mostly from technology companies. This is yet more evidence that software patents — which should never have been allowed — are costing a fortune in lost opportunities and lost jobs today.
2 Robert Pogson Oct 10th, 2012 at 12:09 pm

Unfortunately this Federal Circuit is part of the problem and nothing decisive may result until the issues reaches SCOTUS. The good thing about this story is the clarity of the question. It has not been raised so forcefully, I suspect, because many lawyers make a ton of money from the litigation.
3 eug Oct 10th, 2012 at 7:14 pm

The true legal vulnerability of Linux

http://www.itworld.com/it-managementstrategy/301421/true-legal-vulnerability-linux
4 oiaohm Oct 11th, 2012 at 4:01 am

eug as the patent blood bath gets worse it will be interesting to see how many trolls stuff up and start passing gpl code around to confirm there case so ruining it.

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My observations and opinions about IT are based on 40 years of use in science and technology and lately, in education. I like IT that is fast, cost-effective and reliable. I do not care whether my solution is the same as yours. I like to think for myself.

My first use of GNU/Linux in 2001 was so remarkably better than what I had been using, I feel it is important work to share GNU/Linux with the world. I have been blessed by working in schools where students and school systems have benefited by good, modular software easily installed in most systems.

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