Federal Circuit Decides Software No Longer Patentable

Posted on November 11, 2008  Comments (0)

The Bilski Decision Is In: Buh-Bye [Most] Business Methods Patents

This was an appeal against a rejection of a business methods patent, and the appeals court has now agreed with the rejection. At issue was whether an abstract idea could be eligible for patent protection. The court says no.

Buh-bye business methods patents!

Court Reverses Position on Biz Methods Patents

The ruling in the case, called In re Bilski, largely disavowed the controversial State Street Bank case of 1998. There, the Federal Circuit opened the door to business method patents, which had until then been excluded from patent protection, by granting protection to a system for managing mutual fund accounts. The decision, according to its detractors — which included several members of the Supreme Court — had led to the issuance of weak patents and exposed financial services companies to high-dollar litigation over business method patents.

Related: Ex Parte Bilski: On the BriefsPatent Policy Harming USA, and the worldAre Software Patents Evil?Patent Gridlock is Blocking Developing Lifesaving DrugsThe Pending Problem With PatentsMore Evidence of the Bad Patent System

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