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Software Patents And Business Method Patents Still Possible After Bilski Supreme Court Decision

Previously, the Federal Circuit reviewed a decision of the Board of Patent Appeals in which the Board had sustained a rejection of all eleven of Bilski’s claims under 35 U.S.C. 101 as not directed to patent-eligible subject matter. The Federal Circuit affirmed, holding that Bilski’s claims were not statutory under 35 U.S.C. 101.

Bilski’s patent application claimed a method of hedging risk in commodities trading.

The Supreme Court on June 28, 2010 affirmed the invalidity of Bilski’s claims. The Supreme Court declined to generally invalidate software patents and instead held that the Federal Circuit’s Machine-or-Transformation test is not the exclusive test to determining if a method is statutory.

The Supreme Court noted that Section 101 specifies four independent categories of inventions or discoveries that are patent eligible: “process[es],” “machine[es],” “manufactur[es],” and “composition[s] of matter.” The Supreme Court noted that they had stated in their earlier decision of Diamond v. Chakrabarty, 447 U.S. 303 that in choosing such expansive terms, Congress plainly contemplated that the patent laws would be given wide scope in order to ensure that ingenuity should receive a liberal encouragement. The Court’s precedents provide three …

The Key Steps Involved in Software Patent Application

By having the business method patents, different companies now would be able to protected their own developed business doing methods .Like the other laws including the copyrights and trademarks, patents are not considered to be automatic under common law and therefore has to be applied using the US Patent and Trademark Office. This post discusses the amount of steps involved in this work of software patents. The following are the steps involved for the same, go through them one by one as they will help you the topmost in filing the patent with the help of your lawyer:

Ensure that the software you patenting must be original and useful to all. To get the approval for the patent, the software has to be unknown and unique . The factor of value is usually calculated by counting upon the benefits it will render to the users. You can check some formats and specimens over the website of US Patent and Trademark office which can prove to be helpful resource while drafting software patent application.

Work out an accurate and specific description for your unique software and amenities. This is considered to be a …