H-online: More disputes over software patents in Europe and in the US
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Started by: zoobabzoobab
Date: 11 Mar 2009 12:57
Number of posts: 1
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Summary:
In the US, the supporters of programmer Bernard Bilski have made a statement during the first round at the US Supreme Court. Bilski and his partner Rand Warsaw have asked the Supreme Court to clarify whether the “machine-or-transformation test” for the patentability of business practices and software applied by the relevant Court of Appeal is consistent with the US Constitution. The Federal Circuit's Court of Appeal ruled that a method for predicting, for example, the fluctuations in customer demand for generally available commodities, such as fluctuations in energy demand caused by bad weather, is not eligible for patenting. The appeal judges argued that in order to be patentable, programs need to either relate to a specific machine or device, or transform an object into a different state or object.
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