Thursday, July 01, 2010

Analysis of the Bilski case

It's unfortunate that SCOTUS has ruled as it has on In Re: Bilski since this was a landmark opportunity to strike down the patentability of software.   Instead they bowed to business as usual and decided to preserve the patentability of software, so our fight goes on with respect to fighting this.

http://www.patentlyo.com/patent/2010/06/bilski-v-kappos-business-methods-out-software-still-patentable.html

While it does seem to make software harder to patent, it doesn't go far enough and it seems to be too little too late.   More on this is here:

http://www.lexology.com/library/detail.aspx?g=0a681b87-8340-4759-8de9-1dd495a405e7
http://www.groklaw.net/article.php?story=20100628100422167

This is a frustrating day for me and many others, since it seems to make very little change to the status quo.   As others have said, this is a "no-op" and we're back to where we were before Bilski was even started.

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