IAM: CAFC rejects Bilski appeal and clarifies US business method patents regime
Forum » Resources / News picks » IAM: CAFC rejects Bilski appeal and clarifies US business method patents regime
Started by: zoobabzoobab
Date: 30 Oct 2008 19:05
Number of posts: 1
rss icon RSS: New posts
Summary:
The Court of Appeal for the Federal Circuit has handed down its decision in the Bilski case. In a main judgment written by Chief Justice Paul Michel, the court has denied the appeal by a 9 to 3 majority. It has therefore confirmed the decision of USPTO's Board of Appeal to uphold the rejection of the appellant's original patent application. Judges Newman, Rader and Mayer dissented. Note also, footnote number 23, pages 21 to 22: Note also, footnote number 23, pages 21 to 22: ... although invited to do so by several amici, we decline to adopt a broad exclusion over software or any other such category of subject matter beyond the exclusion of claims drawn to fundamental principles set forth by the Supreme Court ... We also note that the process claim at issue in this appeal is not, in any event, a software claim. Thus, the facts here would be largely unhelpful in illuminating the distinctions between those software claims that are patent-eligible and those that are not.
New Post