A look at the machine prong of the Bilski standard for the patentability of software:
--The BPAI applied the new Bilski standard: to be patentable, the claim must pass the machine or transformation test. It looks like the BPAI had little trouble with the tranformation prong. That is to say, Halligan’s application failed it easily. The more interesting question is the machine prong.
Halligan picked up Bilski’s recast of the Supreme Court’s old Benson decision to decide that the addition of the “computer programmed method” to the claim’s preamble “fails to impose any meaningful limits on the claim’s scope as it adds nothing more than a general purpose computer that has been programmed in an unspecified manner to implement the functional steps recited in the claims.”--
2009.11.11 update: the original URL for the source of the text between the dashes above unfortunately fails to continue working: coderights.com/2008/11/bilskis-first-victim/
limitation on pure business method patents implied from S.Ct Justices questions and comments on Bilski http://bit.ly/2gkAYB
Bob Brill
· 1 month ago
academic scientists and industry researchers are the best judges of an application’s novelty. Their input would help federal examiners better understand the merits of claims. OP-ED: Inventing a Better Patent System http://bit.ly/183j9k
Bob Brill
· 1 week ago
IP Ownership: Just Because You Paid for It, Doesn't Mean You Own It http://bit.ly/7u0YMo
All Comments
--The BPAI applied the new Bilski standard: to be patentable, the claim must pass the machine or transformation test. It looks like the BPAI had little trouble with the tranformation prong. That is to say, Halligan’s application failed it easily. The more interesting question is the machine prong.
Halligan picked up Bilski’s recast of the Supreme Court’s old Benson decision to decide that the addition of the “computer programmed method” to the claim’s preamble “fails to impose any meaningful limits on the claim’s scope as it adds nothing more than a general purpose computer that has been programmed in an unspecified manner to implement the functional steps recited in the claims.”--
2009.11.11 update: the original URL for the source of the text between the dashes above unfortunately fails to continue working: coderights.com/2008/11/bilskis-first-victim/