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Authored by: Ian Al on Wednesday, May 22 2013 @ 11:53 AM EDT |
Gene Quinn wrote:The message [from the USPTO] was this: “there is
no change in examination procedure for evaluating subject matter
eligibility.” (emphasis in the original)
What Gene Quinn failed to
note was that his headline does not relate what the USPTO actually
said.
I have few problems with the USPTO guidelines for the examination
procedure.The plain and unambiguous meaning of section 101 is that
any new and
useful process, machine, manufacture, or composition of matter, or
any new
and useful improvement thereof, may be patented if it meets the
requirements
for patentability set forth in Title 35...
Federal courts
have held that 35 U.S.C. § 101 does have certain limits. First, the
phrase
“anything under the sun that is made by man” is limited by the text of 35
U.S.C.
§ 101, meaning that one may only patent something that is a
machine,
manufacture, composition of matter or a process... Second, 35 U.S.C. §
101 requires that the subject matter sought to
be patented be a “useful”
invention...
The subject matter courts have found to be outside of, or
exceptions to, the four
statutory categories of invention is limited to abstract
ideas, laws of nature and natural
phenomena.
CLS Bank v. Alice
Corp requires no change to the process. It is the understanding that adding
software to an existing machine does not create a new and useful machine which
should change the outcome of the process.
I think that Gene Quin has
failed to see that comments like: [E]very general- purpose computer
will include “a computer,” “a data storage unit,” and “a communications
controller” that would be capable of performing the same generalized functions
required of the claimed systems to carry out the otherwise abstract methods
recited therein.
makes a dramatic difference on how the procedure
will apply to software on a general-purpose computer.--- Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid! [ Reply to This | Parent | # ]
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Authored by: DannyB on Thursday, May 23 2013 @ 01:50 PM EDT |
So are you saying that the patent approval process is to drop applications into
a room full of cats with their feet attached to PATENT GRANTED stamps?
---
The price of freedom is eternal litigation.[ Reply to This | Parent | # ]
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Authored by: deck2 on Thursday, May 23 2013 @ 02:37 PM EDT |
If it is Gene Quinn commenting on a patent issue you know it is in favor of
patenting anything and everything for no reason at all.[ Reply to This | Parent | # ]
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