Federal Circuit to Consider the Patentable Subject Matter of Software

“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.

About Robert Pogson

I am a retired teacher in Canada. I taught in the subject areas where I have worked for almost forty years: maths, physics, chemistry and computers. I love hunting, fishing, picking berries and mushrooms, too.
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4 Responses to Federal Circuit to Consider the Patentable Subject Matter of Software

  1. oiaohm says:

    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.

  2. 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. dougman says:

    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.

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