Slashdot Mirror

← Back to Stories (view on slashdot.org)

PTO Eliminates "Technological Arts" Requirement

Posted by ScuttleMonkey on from the patent-pending dept.

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."

2 of 256 comments (clear)

  1. This is total bullshit by andreMA · · Score: 5, Informative
    Article I, Section 8
    Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

    USPTO has no authority outside the realm of "Science and useful Arts" and patents granted outside the scope of that allowed by the Constitution are illegal. Nor does it matter what Congress has to say about it; granting patents on things not meeting the prior test is not a power granted to the Federal Government.

    They "declined" to create a definition. Translation: we "chose" to ignore the law. Perhaps I'll "decline" to pay my taxes and see how that flies. Arrogant bastards; they need to be put against the wall.

    1. Re:This is total bullshit by hagbard5235 · · Score: 5, Informative

      In a sane world, you would be correct. But welcome to the wonderful world of Wickard v Filburn, brought to use by FDR's packed Supreme Court, where enumerated powers are no longer enumerated, and you might as well ignore the 9th and 10th ammendment to the constitution. Essentially, Wickard says the government can do pretty much anything under the commerce clause and the general welfare clause. In a sane world, one might argue that the only authority for granting pattents at all comes from Article I, Section 8, clause 8, but in FDRs bizaro world were we all live today, you can just as easily derive the authority to grant patents without restriction from the commerce clause under Wickard.

      Thank you FDR, nobody really needed liberty anyway!