IPwatchdog: An End to Business Method Patents?
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Started by: zoobabzoobab
Date: 17 Feb 2008 01:27
Number of posts: 1
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The Federal Circuit in recent months has taken a number of cases that address whether a particular category of invention is one that should be patentable. These cases ask whether under 35 USC 101 (i.e., the governing statute) whether a class of invention is capable of being protected by a patent assuming all other patentability requirements have been satisfied, such as the novelty and non-obviousness requirements. In this sense, it is not enough that an invention be new and unique, it must also be one that the law says is capable of receiving a patent if it is new and unique. In the Bilski case the question will be whether a so-called “pure” business method is something that can be patented.
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