SCOTUS again reminds anyone who will listen, that merely doing something via computer is not a patentable invention.“The method claims, which merely require generic computer implementation, fail to transform that abstract idea into a patent-eligible invention.” Since few if any computer programmes can pass this test, this is yet another huge blow against software-patents. This is just one of several layers of filters which software-patents fail to pass. Others are that abstract concepts are not patentable, and stuff that lacks novelty are not patentable. OMG! The Supremes were unanimous! World, quit being inhibited by software patents. Three of the justices even set out a couple more reasons why the subject “invention” was ineligible: “There is no suggestion in any of th[e] early [English] consideration of process patents that processes for organizing human activity were or ever had been patentable” and “As in Bilski, however, I further believe that the method claims at issue are drawn to an abstract idea.”(Sotomayor, Ginsburg, and Breyer). So, the Supremes were against the patentability and more against the patentability than split on both sides of the fence. Talk about piling on… Get on with finding, creating, modifying and distributing information to your heart’s content without fear. If a patent-troll comes calling, show him the door.
We’ve been here a while – search
Tags
- 2015 - Year of the GNU/Linux Desktop
- Acer
- adoption
- android
- Apple
- ARM
- China
- cloud
- Debian
- Dell
- desktop
- education
- firearms
- FLOSS
- food
- garden
- GNU/Linux
- government
- horticulture
- HP
- hunting
- Intel
- LibreOffice
- Linux
- market share
- migration
- politics
- renewable energy
- Samsung
- security
- server
- small cheap computers
- smart phone
- software-patents
- Solo EV
- tablets
- that other OS
- thin client
- thin clients
- trolls
- Trumpism
- Ubuntu
- uptake
- weather
My Mission
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. 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. Now that I'm retired I still use GNU/Linux on every computer in my home except the smartphones which run Android/Linux.Lately, I've been giving lots of thought to the world I inherited and which I will leave to my descendants. I'm planting grass, trees, flowers and vegetables in my large lot and I've ordered a Solo EV. I plan to charge my Solo by means of a tracking solar array. Life is good if you have a purpose. I do.
Outlinks
Posts
oiaohm wrote, “We really need the patent office to apply SCOTUS.”
There was a time when USPTO really had experts in every field review patent-applications. I know. I once applied for a US patent and was rejected for prior art that no one else seemed to know about. USPTO found it. That was in the 1980s. It seems now the default operation is to approve the patent application or to play ping pong so that the application gets approved eventually if reworded enough times. The software-patents seem to be quite evil. USPTO should not be granting patents on the wheel but they do every time they issue a software-patent. It’s as if USPTO have no expertise in software at all. Perhaps they all use that other OS and don’t have any ideas about how or why software is created… ๐ (God M$ gives us software. If you give us software you must be god-like. Sure we will give you a patent…)
We really need the patent office to apply SCOTUS. Wait if they apply SCOTUS they make less income. Ok we need to require patent offices to refund all patent payments on patents proved invalid. So now auditing patents become critical.
Seems a start, but all of the software, gene, and pharmo patents should be driven dead with stake through the heart.
At one time, Jobs so far ahead of the pack he did not care if anyone was copying him, as all artists steal. But, after while he got greedy and then it became attack attack attack!.
The world of software should just do away with patents altogether, disallow software patent suits, and developers – industry just get to innovating and quit feeding the damn lawyers.
Good news, no doubt, but the catch is you must prove the patent is “generic”. Which means very good news for lawyers who will be called to argue whether a patents is “generic” or not…