Biliski patent is out!!! opens the door for battle against software patents

Here is the Slashdot story :

http://yro.slashdot.org/story/10/06/28/151228/Supreme-Court-Throws-Out-B...

 

The courts always seem to have an upper hand in doing the RightThings(TM). The decision doesn't really impact India per say. But it does impact the economy that matters to IT Inidians anyway. This can very well be the beginning of the end of the ridiculous software patents. It was about time for some official entity to ridicule these.

 

Here is a detailed analysis from "End Soft Patents" :

http://en.swpat.org/wiki/Bilski_analysis_of_Supreme_Court_decision.

 

The USPTO has circulated this MEMO afterwards :

"Examiners should continue to examine patent applications for compliance with section 101 using the existing guidance concerning the machine-or-transformation test as a tool for determining whether the claimed invention is a process under section 101. If a claimed method meets the machine-or-transformation test, the method is likely patent eligible under section 101 unless there is a clear indication that the method is directed to an abstract idea. If a claimed method does not meet the machine-or-transformation test, the examiner should reject the claim under section 101 unless there is a clear indication that the method is not directed to an abstract idea. If a claim is rejected under section 101 on the basis that it is drawn to an abstract idea, the applicant then has the opportunity to explain why the claimed method is not drawn to an abstract idea."

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