PLI: Responding to Groklaw Regarding Bilski
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Started by: zoobabzoobab
Date: 17 Nov 2008 10:24
Number of posts: 1
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It has now been two weeks since the United States Court of Appeals issued its extaordinary decision in In re Bilski. The reason the decision was so extraordinary is not only because it unceremoniously threw out 10 years of patent law development, but rather because the Federal Circuit chose not to address the question presented by the invention in question. It almost seems like the Federal Circuit wrote the decision well before the Bilski case was brought up on appeal because most of what is in the majority decision has nothing to do with the invention and is clearly dicta. All they had to say was NO pure business method patents, but rather chose to gut State Street and throw software patents into the abyss. Sure, you can patent aspects of software by protecting hardware, so just draft your claim to a hardware device that is not new and is likely completely obvious and we will allow you to protect the functionality of an unpatentable device.
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