Thursday, July 24, 2008

This is kinda a big deal, but it

"The Patent and Trademark Office has now made clear that its newly developed position on patentable subject matter will invalidate many and perhaps most software patents, including pioneering patent claims to such innovators as Google, Inc. In a series of cases including In re Nuijten, In re Comiskey and In re Bilski,
the Patent and Trademark Office has argued in favor of imposing new
restrictions on the scope of patentable subject matter set forth by
Congress in article 101 of the Patent Act. In the most recent of these
three — the currently pending en banc Bilski appeal — the Office takes
the position that process inventions generally are unpatentable unless
they 'result in a physical transformation of an article' or are 'tied
to a particular machine.'"

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