Slashdot Mirror
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."
I do not know how big a deal this really is. I am sure in software or business method arts there might be more of an issue at hand, but I do not think 35 USC 101 is a highly used rejection method within the office. I would also be surprised if this stood up outside the Board of Patent Appeals and Interference (BPAI). I believe this should be tasked to the Court of Appeals for the Federal Circuit (CAFC) since it almost sounds like the BPAI is trying to limit the USC.
I do not have numbers, but I am willing to take a guess the number of Business Method patents allowed to date is quite low. It is something that I believe should be more contested by the general public then the idea of software patents. I mean at least I'll see the end of a Patent term in my lifetime, but that same code that gets copyrighted won't be touchable until after a great many of us are long gone.
"Some days you just can't get rid of a bomb."
Reading the article, I'm made aware of two things: 1) I lack the training to be able to argue about this properly 2) I would like to know why exactly "a 'method of compensating a manager' that involved several steps of calculating a proper compensation based on performance criteria and then transferring payment to the manager" is not an abstract idea? What exactly does constitute an abstract idea? This sounds like a particular application of mathematical and economic principles, which I wouldn't have thought patentable at all. Anybody have a link to some reference materials that might help with these questions, without requiriring several years obtaining a law degree?
"I object to doing things that computers can do." -- Olin Shivers, lispers.org
...that will break the US Patent Office's back. We're due for patent reform. It has become such a joke that just about any new technology or idea is already patented in some respect. And if it isn't already patented, someone out there can make a case showing their patent covers the new technology and they are due money in return for fair use. There has to be a limit. Enough is enough.
Funny. As the Patent Board itself, I'd have thought that was part of their job. Maybe not.
I dream of a better world... one in which chickens can cross roads without their motives being questioned.
This decision is quite funny. A couple of months ago, Slashdot was running a story about a piece by Richard Stallman where he made the analogy with the works of Victor Hugo being covered by patents on literary plots. Then there were some posters who thought Dr. Stallman was making an absurd comparison, and that patents on literature would never happen.
Well, well...
Meanwhile, in Europe, we have chosen another road. After the victory on July 6, when the European Parliament rejected the software directive, we now have a chance to get one of our activists to win the title "European of the Year" in an open Internet poll organized by a big business magazine.
Please feel free to go to NoSoftwarePatents.com for instructions on how to vote, while you contemplate this latest madness by the US patent establishment.
Christian Engström, Former Member of the European Parliament 2009-2014 for The Pirate Party, Sweden