» Bilski Decision, business methods patents begone ?
Very interesting read on Groklaw, and definitely good news for almost everyone in the IT industry. But I wouldn't conclude to Shantanu's "Microsoft Has A Problem: Software Patents Go Up In Smoke" for several reasons:
- software patents aren't gone yet, not by any means, but the Bilski decision seems to at least discard the most ridiculous and invasive ones
- we still have to see how that court decision translates into what the USPTO will grant as patents or not, as the fact that a patent should be granted or not doesn't really relate to what patent offices actually grant (just think of what the EPO has been doing for years)
Labels: groklaw, opensource, opensuse, swpats
posted by Loki at 09:54
2 Comments:
The Bilski decision is good news, but not for the reason you think.
The biggest winners from the Bilski decision might be systems consultants. As a US patent agent specializing in business method patents, one of the strategies I’ve emphasized for software professionals seeking a patent is for them to spend a little extra money to hire a systems consultant to spec out the hardware implementation of their inventions. We then include those specifications in the patent application with the systems consultant as a coinventor.
The strategy has been very successful and with Bilski taking such a strong stand on the importance of tying a new software invention to a “particular machine”, it should be even more effective in the future.
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