PTO Eliminates "Technological Arts" Requirement

MdntToker writes to tell us that the Patent Board has issued an opinion which removes the existing procedure of rejecting patents under 35 U.S.C. 101 as outside of the "technological arts". From the article: "Our determination is that there is currently no judicially recognized separate "technological arts" test to determine patent eligible subject matter under 101. We decline to create one. Therefore, it is apparent that the examiner's rejection can not be sustained."

Comments

Re:Not good for a vibrant economy.

[Peyna]

However, it appears as though America is reaching a point where patents interfere with the process so much that productivity is diminished. When an inventor has to search for patents when designing every portion of a capital work, less time is spent on developing the capital itself. Thus the creation of new capital diminishes, and resources are not used as efficiently. That can eventually cause the economy to basically rot.

The inventor could just invent a non-infringing method of doing whatever it is he needs to do. That's the innovation part of it. Patents encourage invention because they grant a monopoly, something that is desirable for the inventor. Then, when the next guy is forced to either shell out cash or invent around it, the public benefits from yet another invention.