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The Death of Nearly All Software Patents?

Posted by kdawson on from the we-can-only-hope dept.

An anonymous reader writes "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.'"

19 of 731 comments (clear)

  1. This violates my patent by Pennidren · · Score: 5, Funny

    Invalidation of software patents was patented by me back in 2003.

    1. Re:This violates my patent by eln · · Score: 5, Funny

      I patented the use of curse words for humor value in Slashdot comments years ago. If I ever decide to enforce that patent, all of you fuckers are doomed.

    2. Re:This violates my patent by neokushan · · Score: 5, Funny

      Well you're all in deep shit, I patented "beating a dead horse through overuse of a tired old joke" way back in 1996, so you'd better get wise

      This is the first post I'm making informing you of your new, patent-holding, overlord. I suggest you welcome him, you insensitive Clod!

      --
      +1 IDisagreeSoHeMustBeATrollOrAnAstroturferOrAShill
    3. Re:This violates my patent by Mordok-DestroyerOfWo · · Score: 4, Funny

      I patented the use of S&M coupled with necrophilia and bestiality in a series of independent films years ago. Therefore your horse beating is in clear violation of my patent.

      --
      "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
    4. Re:This violates my patent by geekoid · · Score: 5, Funny

      I patent thinking..and I still can't find anyone infringing.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    5. Re:This violates my patent by Tetsujin · · Score: 4, Funny

      You just violated my patents on patent-ing invalidation of....

      ...whatever it is the poem was about!

      --
      Bow-ties are cool.
    6. Re:This violates my patent by snoyberg · · Score: 4, Funny

      But at least we know that patent will hold up: no prior art.

      --
      Thank God for evolution.
    7. Re:This violates my patent by geminidomino · · Score: 5, Funny

      Worst part about the joke-on-joke is that this really is how patent litigation is used.

      Hot joke on joke action, only $9.95/mo

      Dear gods, I need sleep/death.

    8. Re:This violates my patent by Random+BedHead+Ed · · Score: 4, Funny

      You just violated my patents on patent-ing invalidation of....

      ...whatever it is the poem was about!

      Right, to the airlock with the lot of you!

    9. Re:This violates my patent by morgan_greywolf · · Score: 4, Funny

      I threw a chair at him but it missed and hit a statue of Natalie Portman.

      In Soviet Russia, Natalie Portman beats a dead horse and throws chair and hits YOU!!!

      --
      My blog
  2. Tied to a machine? by RandoX · · Score: 5, Funny

    Sounds like the machine that these patents are going to be tied to is the Titanic.

  3. Patent Pending by tensop · · Score: 5, Funny

    Someone should jump the gun and patent the idea that software cannot be patented. Then sue the trademark office for patent infringement.

    1. Re:Patent Pending by Alpha42 · · Score: 5, Funny

      We can then get patent lawyers and lawyers in the room at the same time. Too bad we can't smuggle a small yield tactical nuclear device onto the premises. Or can we?

      Fixed that for you. :)

  4. Good idea! by Orleron · · Score: 4, Funny

    They should patent it.

  5. I was going to tag this... by pushing-robot · · Score: 5, Funny

    suddenoutbreakofcommonsense, but holyfreakingshit conveys my feelings better.

    I haven't finished reading TFA yet, but this seems huge if it pans out — not only would software patents be invalidated, but essentially all "business process" patents would get tossed out as well.

    --
    How can I believe you when you tell me what I don't want to hear?
    1. Re:I was going to tag this... by Sonic+McTails · · Score: 4, Funny

      I'm not even sure holyfreakingshit covers it. Its the patent office doing something nonbraindead. That itself is almost enough to make one believe in God.

      --
      This signature was left intentionally blank.
  6. Re:About damn time! by b4thyme · · Score: 5, Funny

    And millions of patent troll voices cried out in terror and were suddenly silenced...

  7. The natural workaround... by pushing-robot · · Score: 4, Funny

    ...is for companies to employ a "physical object" provision in their patent filings. Google's PageRank patent, for example, may change from:

    "A computer implemented method of scoring a plurality of linked documents"

    to:

    "A computer implemented method of scoring a plurality of linked documents with possible applications as a shower curtain"

    --
    How can I believe you when you tell me what I don't want to hear?
  8. Re:Good by paeanblack · · Score: 5, Funny

    The patent didn't effect me at all...

    Another universe-destroying causality violation narrowly avoided...

    Whew!