VisaePatentes: Bilski's Business Method Rejected but Software Remains Patent Eligible
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Started by: ggiedkeggiedke
Date: 02 Jul 2010 20:21
Number of posts: 1
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Summary:
The quintessence of the Supreme Court's opinion is that (1) the claims of Bilski's application are not eligible subject matter because they merely claim abstract ideas; (2) the machine or transformation test established by the CAFC is not the only possible test for providing guidance regarding the question whether or not a method represents eligible subject matter. [...] Since, however, the machine or transformation test may be interpreted [...] such that business methods and software-related inventions are essentially excluded from patent protection, one can conclude from the Supreme Court's ruling that both business methods and software-related inventions remain patent eligible in the US. This applicant-friendly opinion is in fact somewhat clouded by the ongoing uncertainty as to under which criteria (other than the machine or transformation test) software-implemented inventions may be considered patent eligible.
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