Slashdot Mirror
Supreme Court To Review Software Patents
New submitter chrylis writes "SCOTUSblog is reporting that the U.S. Supreme Court has accepted an appeal in Alice v. CLS Bank, a case in which the Federal Circuit ruled haphazardly that the particular patents in question were invalid but did not address the issue of software patents generally. 'The case will provide a new test of the Patent Act’s most basic provision — Section 101, which broadly outlines what kinds of inventions are patentable. One of the long-standing exceptions to the types of inventions mentioned in that section is that an abstract idea can never be patented. That issue arises frequently these days, especially with rapidly developing technology in computer software. The EFF wrote a summary of the issues in the case when it was before the Federal Circuit this spring. The case files are also available."
IAAPA (I am a patent agent)- My take on the matter is that software patents pass the threshold for patent eligibility, but not for patentability, which is quite different. Most software-implemented subject matter is certainly patent-eligible, but ought to be struck down under 35 U.S.C. 103 (non-obviousness). Courts have said that 101 is a threshold inquiry, and in my opinion I don't see why slashdotters would have a problem with striking down software patents not because as a class of subject matter they are ineligible, but because the vast majority are obvious.
If these guys were experts in software patents, they wouldn't need anyone to testify.
Judges are not experts in anything except law. That's why they listen to other people make the case and explain the intricacies as the law applies to the subject. They do their research and they ask tough questions. That's their job.
Fuck you very much, NSA.
General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
I'd give them somewhat more credit than that. They definitely made the right call in Molecular Pathology v. Myriad Genetics (ruling that genes couldn't be patented), even though they had no knowledge about biology.
The fact that they're willing to hear this case makes me somewhat optimistic; if they truly didn't understand or care about software patents, they wouldn't have gotten involved. The worst they can do is maintain the status quo, which is what would happen if they didn't intervene.
I'm so glad that the fate of software patents in the US is being left up to a bunch of old geezers who probably can't figure out how to publish their legal opinions online without the help of their IT department.
Indeed. I could agree to leave such important things to old troglodytes as long as they were also scientists: "Let us apply the law in this manner provisionally, and re-examine to test the hypothesis of its benefit after N years; We must test a decision to see, and also consider the null hypothesis, for laws that provide no benefit only tax our legal system. Let us rely not on case-law, but on observational evidence of intent to do malice or good."
Sadly no such individuals exist in this reality. The quantum waveform has collapsed into the worst possible configuration: Scientists beg for funds while stodgy old farts rule the world. Note that there is ZERO evidence that patents and copyrights are actually "beneficial for society", we have only evidence that such protections are not required for innovation and profit in the markets that have no copyright or design patents: The automotive and fashion industries. Software Patents? HA! Prove Patents themselves aren't harmful first. It seems we need a medicine that not even The Doctor can prescribe.