Re: Good result in method patents in Appeals Court in http://www.dslreports.com/forum/r21353597 en Mon, 30 Nov 2009 11:39:52 EDT Mon, 30 Nov 2009 11:39:52 EDT Re: Good result in method patents in Appeals Court http://www.dslreports.com/forum/remark,21370795 Goober : You generically can't say method patents were shot down. That's very misleading

Method patents tied to a particular machine or apparatus or method patents that transform a particular article into a different state or thing are still patentable.

This really applies mostly to business method and software patents (as Krk mentioned). That being said, the court made an interesting comment by stating that, "We leave to future cases the elaboration of the precise contours of machine implementation, as well as the answers to particular questions, such as whether or when recitation of a computer suffices to tie a process claim to a particular machine."

They also said, "(ii) Data -- The raw materials of many information-age processes, however, are electronic signals and electronically-manipulated data. The transformation of raw data into a particular visual depiction of a physical object on a display is patent-eligible."

Finally, The Bilski process was completely an idea with no particular hardware cited or transformation of an article into a different thing.

The Court in particular stated, "The machine-or-transformation test is the only applicable test and must be applied, in light of the guidance provided by the Supreme Court and this court, when evaluating the patent-eligibility of process claims. Applicants here seek to claim a non-transformative process that encompasses a purely mental process of performing requisite mathematical calculations without the aid of a computer or any other device, mentally identifying those transactions that the calculations have revealed would hedge each other's risks, and performing the post-solution step of consummating those transactions. Moreover, while the claimed process contains physical steps (initiating, identifying), it does not involve transforming an article into a different state or thing. Therefore, Applicants' claim is not drawn to patent-eligible subject matter under § 101."

So, there's still wiggle room for process patents. They can't be as broad as before, but I can still see lots and lots of software patents getting through--at least until there's more narrowing or clarification.]]> http://www.dslreports.com/forum/remark,21370795 Mon, 03 Nov 2008 19:22:57 EDT Re: Good result in method patents in Appeals Court http://www.dslreports.com/forum/remark,21353597 KrK : This is great news. This means that if you program your own code, someone can't claim you infringed their patent just because they lay claim to all "similar" actions.
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]]> http://www.dslreports.com/forum/remark,21353597 Fri, 31 Oct 2008 02:09:23 EDT Good result in method patents in Appeals Court http://www.dslreports.com/forum/remark,21351799 TKJunkMail : Methods patents aren't directly a broadband subject. But it is these "method patents" that raise costs and/or prevent innovations from spreading rapidly in high tech areas. In a good result, A US Appeals Court shot down the validity of "methods patents".

»tech.yahoo.com/news/nm/20081030/···i_patent
A U.S. patent appeals court ruled on Thursday that business methods, such as Amazon.com Inc's one-click to buy goods on the Internet, cannot be patented.

The case was closely watched by software makers, Internet companies, investment houses and other businesses.

The U.S. Court of Appeals for the Federal Circuit said the patent application in question -- a method for reducing the risk of sudden changes in energy costs -- was not a machine and did not result in a transformation, both standards set by the U.S. Supreme Court for patentability.

Bernard Bilski and Rand Warsaw had challenged the U.S. Patent and Trademark Office's rejection of their request to patent their method for managing energy price risks.

"The decision of the board is affirmed," the court said.
More details here:
»techdirt.com/articles/20081030/1···91.shtml

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Ask yourself one question: 'Do I feel lucky?' Well, do ya punk?]]> http://www.dslreports.com/forum/remark,21351799 Thu, 30 Oct 2008 18:56:14 EDT