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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."
is a use or lose clause.
Where is the "Ignorant" mod tag?
I'm not holding my breath but I'm hopeful that the Supreme Court will take this opportunity to sound the death knell for silly patent applications (and granted patents) like Bilski. As a bonus I hope they put the kibosh on software patents. I know it would make the lives of many software engineers much better and it would definitely kickstart innovation in the software industry.
My bullshit detector just exploded.
Javascript + Nintendo DSi = DSiCade
Software patents are useless. Period.
The decision is very risky as the quality of the decision of the Circuit Court was very high.
They will make Bilski fail again.
If the Supreme Court doesn't accept it, I suppose we have a chance to bring yet another case and try for more limitation of software patenting.
What really bothers me is that our only viable path to do this right now is the courts. We've not been able to establish a legislative campaign.
Bruce Perens.
There are no ways in which software patents can help anyone but patent lawyers. Since American patents are only binding in America, they put domestic companies at a competitive disadvantage with the rest of the world. Anyone can open an American office and start filing patents to be used against us, but good luck to an American company that wants to file patents in China to protect their claims.
Dewey, what part of this looks like authorities should be involved?
IMHO, being able to patent parts of the human genome is stupid. You didn't INVENT anything. Now if you designed a replacement gene that does something new, sure you can have a patent on it. But that would have to exclude cures for things. Say you figured out the gene for color-blindness. Chances are you figured it out or at least verified it against the normal gene. No patent for you. But if you invented a gene that gave a person really great night vision, yeah I'd give you a patent for that.
Software patents are extremely important to certain businesses, most of all the telecoms industry, which manages to keep prices rising in an area where their half-life should be 12-18 months.
If there were no software patents, it would be much harder to maintain the telecoms cartels, the high prices, and the jobs and profits they generate. So for many people, software patents are very, very useful.
Of course the overall effect is to slow down progress in communications, keep costs artificially high, penalize emerging industries, and punish the competitiveness of regions like the USA and Europe, which allow the cartels to continue.
However, the times are changing and I've written about why the growing power of the Internet as a non-political force in politics will cause the end of software patents.
It's worth noting that software patents will also be reviewed in Europe by the European Patent Office's Extended Board of Appeal (EBA), the closest thing we have to SCOTUS with respect to patents in Europe. Sure, the EPO is a fiefdom of the patent industry and EBA its chief priesthood, but reexamining the cosy arrangements that allowed software patents to exist so far is very significant.
I think we are seeing the swing of the pendulum back towards sanity and the understanding that when it comes to the digital economy, any barrier to trade and competition - and the essence of a patent is to prevent competition - is harmful.
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If there were no software patents, it would be much harder to maintain the telecoms cartels, the high prices, and the jobs and profits they generate. So for many people, software patents are very, very useful.
The telecom cartels primarily exist because of the massive infrastructure requirements to be a 'real' telecom. Its very little to do with software patents.
The Supreme Court has been generally narrowing the scope of patent law over the past few years. My guess is that they won't take the case, and if they do the odds are that they will uphold Bilski, or possibly narrow the scope of patentable material even further.
If you need a patent for your business method in order for it to be profitable, it's a failed process. The only practical used for business process patents is patent trolling.
They would at best be put back in the position they would have been in had the USPTO refused their application in the first place. I don't think that means you get your application fee back. It certainly doesn't mean you get your patent attorney fees back, and that is by far the biggest part of the cost of applying for a patent.
What I'm interested in is the position where people have been paying royalties for a patent that is subsequently declared invalid.
This "infrastructure is expensive" argument is 20 years out of date. Newsflash: no-one puts down cables any more unless they're for IP. There are many, many ways to build cheap and extremely competitive telecoms networks that would end the cartels overnight. They don't mostly happen because patents block innovation wherever it is a threat. I remind you that telecoms has become a software industry, top to bottom, and every "invention" of that industry is heavily protected by software patents.
Spectrum "regulation" are just the side effect of a powerful cartel that has friends in government - a good way to raise the cost to unbearable levels for newcomers and tax the consumer. Again, it's patents that prevent more efficient use of spectrum and those "expensive" lines you talk about.
It is all about keeping out competitors that would disrupt the cozy price-fixed market.
Try to start a VoIP telecoms provider, and see what happens. Read about Vonage, if you forget your recent history. Now tell me again, seriously, that telecoms cartels have "nothing to do with patents".
Patents are the core of the telecoms stack and the reason your mobile phone bill rises year on year.
Yes, to truly re-create competition in the telecoms industry, we need a powerful competition authority, and we need much better policies for spectrum use, but most of all, we need the end of software patents.
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As a patent attorney, I need to be careful in voicing my opinion on this, but I do hope that the net result of Bilski stands. It would turn back the tide against the idiocy that started with State Street. The non-machine based patents have gotten out of hand. I am a geek and computer nut/engineer first, and I want to see business method patent that contain no real manifestation of the method rendered useless. Otherwise, taken to the extreme, screenwriters could start patenting movie storylines. (When I think of it, I suppose it could be done right now. Big method claim of "A method for creating tension in an audience, the method comprising: a first actor exchanging dialogue with a second actor, said first actor orienting a gun in line with said second actor..."
The good thing about the SCOTUS taking this up would be if they CLEARLY lay out a test for determining patentable subject matter. In the old days, you had to tie it to something physical. Right now, signals in the ether could receive patent protection.
I think he talking about things like VOIP. In theory you could, for no additional cost over what you already pay for high speed Internet do all of your telephony over your computer, or use a system like Vonage to create a "phone" system that piggie backs off of your Internet. The problem is that patents prevent or limit this kind of thing. Vonage, IIRC, paid a fairly large settlement to Verizon for patent infringement and now has to pay royalties to operate. This is almost certainly increasing their overall prices and making them more likely to fail in the middle term.
This kind of thing remain possible to do, but very often you're stuck with a more crippled system than it could be, or companies simply choose not to enter the market. At least in theory if software patents disappeared tomorrow, more VOIP type solutions might become available and the current player might be able to lower prices and become more competitive.
I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
The problem with Vonage - and all current VOIP implementations - is they fail the basic requirements that the wired telecom providers are required to support. Things like 48 hours without electric power. 911 that actually works with emergency services. And literally a hundred other requirements, all things that are really good for people that need basic voice connectivity.
Sure, VOIP implementations are cheap. But in comparison to what? I can use Yahoo Messenger for free. How is Vonage cheaper than that? Neither Vonage or Yahoo are paying for the infrastructure to connect me to the network. The $30-a-month POTS service is doing exactly that. What would Vonage charge if they had to pay to supply their customers with network connectivity?
Sorry, but this has a lot more to do with tariffs and regulations than patents. Sadly, it takes some serious wakeup calls before people understand the difference between the POTS network in the US and "phone service" supplied by the likes of Vonage. A 24 hour power outage might be a good start. Having a 2 year old dial 911 and not be able to recite the address might be another.