Sam I Am
10-09-2012, 07:17 PM
As noted in the blog post, best keep excitement tempered. That said, this is a really really good thing.
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Federal Circuit to Consider the Patentable Subject Matter of Software
In an important decision granting an en banc hearing in the case of CLS Bank International the Federal Circuit is inviting the parties and amici to address the following questions:
What test should the court adopt to determine whether a computer-implemented invention is a patent ineligible "abstract idea”; and when, if ever, does the presence of a computer in a claim lend patent eligibility to an otherwise patent-ineligible idea?
In assessing patent eligibility under 35 U.S.C. § 101 of a computer-implemented invention, should it matter whether the invention is claimed as a method, system, or storage medium; and should such claims at times be considered equivalent for § 101 purposes?
While I feel we should be restrained in our expectations of the Court establishing a more limited view of software patentability, at least they are asking the questions and inviting broad input.
Complete Post (http://www.groklaw.net/article.php?story=20121009142712538)
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Federal Circuit to Consider the Patentable Subject Matter of Software
In an important decision granting an en banc hearing in the case of CLS Bank International the Federal Circuit is inviting the parties and amici to address the following questions:
What test should the court adopt to determine whether a computer-implemented invention is a patent ineligible "abstract idea”; and when, if ever, does the presence of a computer in a claim lend patent eligibility to an otherwise patent-ineligible idea?
In assessing patent eligibility under 35 U.S.C. § 101 of a computer-implemented invention, should it matter whether the invention is claimed as a method, system, or storage medium; and should such claims at times be considered equivalent for § 101 purposes?
While I feel we should be restrained in our expectations of the Court establishing a more limited view of software patentability, at least they are asking the questions and inviting broad input.
Complete Post (http://www.groklaw.net/article.php?story=20121009142712538)