The Death of Google's Patents (Patently-O)
[Posted July 23, 2008 by corbet]
The Death of Google's Patents (Patently-O)
[Press] Posted Jul 23, 2008 13:46 UTC (Wed) by corbet
The Patently-O weblog has a
detailed look at a couple of US Patent and Trade Office rulings which
could change the software patent game significantly. "If the PTO's
test is followed, the crucial question for the vitality of patents on
computer implemented inventions is whether a general purpose computer
qualifies as a 'particular' machine within the meaning of the agency's
test. In two recent decisions announced after the oral arguments in the
Bilski case, Ex parte Langemyr (May 28, 2008) and Ex parte
Wasynczuk (June
2, 2008), the PTO Board of Patent Appeals and Interferences has now
supplied an answer to that question: A general purpose computer is not a
particular machine, and thus innovative software processes are unpatentable
if they are tied only to a general purpose computer." (Thanks to
Duncan).
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