IPWatchDog: Microsoft Seeks Pay-As-You-Go Computer Patent
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Started by: zoobabzoobab
Date: 12 Jan 2009 17:49
Number of posts: 1
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I cannot see how this invention is one that ought to be patentable, particularly given the recent decision of the United States Court of Appeals for the Federal Circuit in In re Bilski, which dealt a significant blow to the patentability of software and computer processes. Those familiar with the Bilski decision will recall that the Federal Circuit has now required that in order to protect software and computer processes we revert to what was done before the State Street decision, which is to focus on the machine and treating software as if it is not the invention but to patent the machine itself that has unique functionality thanks to some black magic provided by the unpatentable product (i.e., software) whose name cannot be uttered.
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