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Bilski Patent Case Appealed To Supreme Court

An anonymous reader writes "The landmark ruling of a few months ago that limited patents to inventions which include a machine or which transform physical matter has been appealed up to the Supreme Court. 'On the one side of this controversy... are those... who argue that patents must be available to encourage innovation in devising new ways to conduct business in the global information-based economy, including encouragement for new ways of digitizing business methods. On the other side are consumer advocacy groups and free-market devotees who worry that patent monopolies could tie up methods of creative thought processes, including teaching, judging, creative writing, making medical judgments, or picking juries (some current, real examples of claims).' The Bilski decision has already had an impact on potential software and biotech patents, in addition to the obvious limitations on business method patents. The petition (PDF) argues that the 'machine-or-transformation' test conflicts with the broad language of the patent statute and with congressional intent. It's entirely within the Supreme Court's discretion to take the case or not, but for now it looks like the issue is far from decided."

1 of 175 comments (clear)

  1. Re:PLEASE uphold it! by TemporalBeing · · Score: 0, Troll
    Let me correct that for you:
    1. U.S.A. allows software patents
    2. U.S.A. leans on European countries to allow them, and eventually succeeds.
    3. SCOTUS (of the U.S.A) invalidates software patents as unConstitutional.
    4. To be compatible with E.U., which now has software patetns, U.S.A. signs treaty allowing patents, which, being a treaty, [you] believe, carries same weight as other parts of [the] Constitution. Now whole world has software patents, just because the U.S.A. temporarlity did in the beginning.
    5. ???
    6. Profit!

    America = U.S.A + Canada + Mexico + several dozen Central and South American countries.
    SCOTUS only applies to U.S.A.
    U.S. Constitution only applies to U.S.A.

    Please go back to 5th grade Geography.

    --
    Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)