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Software Patent Sanity on the Way?

Ars Technica is reporting that the traditionally silent US Patent and Trademark Office (USPTO) may be starting to turn things around. It seems that in recent action the USPTO has started to make it much easier to invalidate software patents with some saying that the abolition of such patents may be in the distant future. "Duffy cites four recent cases that illustrate the Patent Office's growing hostility to the patenting of software and other abstract concepts. While the USPTO hasn't formally called for the abolition of software patents, the positions it took in these cases do suggest a growing skepticism. In the first two cases, decided last fall, the United States Court of Appeals for the Federal Circuit (which has jurisdiction over patent appeals) upheld patent rejections by the USPTO. They were not software patent cases, as such. In In Re Nuijten, the court considered a patent related to an algorithm for adding a watermark to a digital media file. The Federal Circuit did not invalidate the claims relating to the watermarking algorithm itself; everyone seemed to agree that the algorithm was patentable. Rather, the decision focused on whether a digital signal could be the subject of a patent claim. The court concluded that it could not. A victory for common sense, perhaps, but hardly a rejection of software patents."

15 of 157 comments (clear)

  1. From the US Government? by null+etc. · · Score: 5, Funny

    I can hardly believe that the US government would make a sensible decision that also happens to be in the interest of its citizens.

    1. Re:From the US Government? by K.+S.+Kyosuke · · Score: 4, Funny

      That is why I tagged it "toogoodtobetrue". There must be some conspiracy behind it!

      --
      Ezekiel 23:20
    2. Re:From the US Government? by neuromancer23 · · Score: 1, Funny

      Patents and Mental Health:

      1. A patent is a MONOPOLY granted by the state to a particular individual or business, which is then enforced through violence.
      2. All patents are therefore, aggressive acts of violence against a free market: i.e. examples of anti-social behavior (see DSM-IV).
      3. If all patents are expressions of an anti-social personality disorder, then all patents (not just software patents) are fundamentally insane by definition.
      4. Therefore, the sane thing to do would be to abolish all patents immediately.

      Q.E.D.

  2. Re:Somewhat a dupe by D+Ninja · · Score: 5, Funny

    Here at Slashdot, we call that "Prior Art."

  3. Re:Seems vaguely familar by Daimanta · · Score: 3, Funny

    Scoring 7 karma in 2 posts after eachother. That is a trick I must surely try.

    --
    Knowledge is power. Knowledge shared is power lost.
  4. Re:Seems vaguely familar by Daimanta · · Score: 4, Funny

    Indeed, I will probably try this soon. But I'd rather plan this strategy first.

    --
    Knowledge is power. Knowledge shared is power lost.
  5. Re:Seems vaguely familar by XnavxeMiyyep · · Score: 1, Funny

    Time to up this to nine points, eh, mods? *wink* *wink*

    --
    I put the 't' in electrical engineering.
  6. Re:Seems vaguely familar by neokushan · · Score: 4, Funny

    Yeah, it's definitely werth trying oot.

    --
    +1 IDisagreeSoHeMustBeATrollOrAnAstroturferOrAShill
  7. Re:Seems vaguely familar by neokushan · · Score: 3, Funny

    Ack, messed up my sentence!

    Yeah, it's definitely worth trying out.

    --
    +1 IDisagreeSoHeMustBeATrollOrAnAstroturferOrAShill
  8. Re:Seems vaguely familar by serviscope_minor · · Score: 5, Funny

    unfortunately, funny posts don't get yo karma. You need one that is informative, like this post.

    --
    SJW n. One who posts facts.
  9. Re:Seems vaguely familar by b4dc0d3r · · Score: 1, Funny

    Someone upped yours, now up mine. Wait, how does the joke go?

  10. Re:Seems vaguely familar by zapakh · · Score: 2, Funny

    Mine goes up to eleven!

  11. Re:Seems vaguely familar by Anonymous Coward · · Score: 1, Funny

    Yeah, it's definitely werth trying oot.

    Ack, messed up my sentence!

    Are you sure you're not just trying to cover your Scottish accent?

  12. Comment removed by account_deleted · · Score: 4, Funny

    Comment removed based on user account deletion

  13. Re:Somewhat a dupe by Anonymous Coward · · Score: 1, Funny

    Yeah but to be fair, this is the kind of thing you don't mind hearing about twice.