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Supreme Court Throws Out Bilski Patent

Posted by CmdrTaco on from the well-isn't-that-special dept.

ciaran_o_riordan writes "The US Supreme Court has finally decided the Bilski case (PDF). We've known that Bilski's patent would get thrown out; that was clear from the open mockery from the judges during last November's hearing. The big question is, since rejecting a particular patent requires providing a general test and explaining why this patent fails that test, how broad will their test be? Will it try to kill the plague of software patents? And is their test designed well enough to stand up to the army of patent lawyers who'll be making a science (and a career) of minimizing and circumventing it? The judges have created a new test, so this will take some reading before any degree of victory can be declared. The important part is pages 5-16 of the PDF, which is the majority opinion. The End Software Patents campaign is already analyzing the decision, and collecting other analyses. Some background is available at Late-comers guide: What is Bilski anyway?" More analysis of the decision is available at Patently-O.

6 of 232 comments (clear)

  1. "journalism" by Lord+Ender · · Score: 2, Insightful

    How could you write a blurb about the "Bilski patent" without explaining what the Bilski patent actually is? How could the editors pass on such a terrible blurb unmodified?

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    A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    1. Re:"journalism" by 0racle · · Score: 2, Insightful

      Google too difficult for you?

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      "I use a Mac because I'm just better than you are."
  2. I here is my patent idea by Rivalz · · Score: 3, Insightful

    Let's make a Patent that Patents the system for which Patent Lawyers & Patent Registers Circumvent Common Sense and are awarded Patents. That way anyone who files one of these ridiculous patents are infringing upon my patent. Anyone who defends the patent is also infringing upon my patent.
    I'll see you in court Bitches. (That is step 6 of my process)

  3. Opinions are divided by Drakkenmensch · · Score: 2, Insightful

    Is the real story that Bilski case got thrown out over machine-or-transformation test failure, or that the article contains "Supreme's" in the name?

  4. Re:No software ruling by MightyMartian · · Score: 4, Insightful

    " This [, the Information]Age puts the possibil ity of innovation in the hands of more people and raises new difficulties for the patent law. With ever more people trying to innovate and thus seeking patent protections for their inventions, the patent law faces a great challenge in striking the balance between protecting inventors and not granting monopolies over procedures that others would discover by independent, creative application of general principles. Nothing in this opinion should be read to take a position on where that balance ought to be struck."

    Translation: Congress, do your fucking job.

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  5. Thanks for Nothing! by pavera · · Score: 4, Insightful

    So... essentially the court accepted a case and then wasted everyone's time doing the USPTO's job, and declared the patent invalid in this specific case because it wasn't patentable material... Something the USPTO should have done in the first place...

    No new precedent, no new tests, no new rules... So everything will stay exactly as it is, and the USPTO will continue to approve bogus patents just like this one... Great! I love America!