[lug] Sanity From the 1st Post-Bilski Decision from BPAI: In Re Proudler

davide davide.del.vento at gmail.com
Tue Jul 13 20:15:52 MDT 2010


Sent to you by davide via Google Reader: Sanity From the 1st
Post-Bilski Decision from BPAI: In Re Proudler via Groklaw on 7/13/10
Look at this, will you? The first decision from the Board of Patents
Appeals and Interferences post-Bilski to reference that US Supreme
Court decision, in In Re Proudler [PDF], a ruling rejecting HP's
application for a software patent, setting forth a rule stating, as I
read it, as saying software is not patentable because it's an
abstraction:Laws of nature, abstract ideas, and natural phenomena are
excluded from patent protection. Diamond v. Diehr, 450 U.S. at 185. A
claim that recites no more than software, logic or a data structure
(i.e., an abstraction) does not fall within any statutory category. In
re Warmerdam, 33 F.3d 1354, 1361 (Fed. Cir. 1994).
Significantly, "Abstract software code is an idea without physical
embodiment." Microsoft Corp. v. AT&T Corp., 550 U.S. 437, 449 (2007).
The unpatentability of abstract ideas was confirmed by the U.S. Supreme
Court in Bilski v. Kappos, No. 08-964, 2010 WL 2555192 (June 28, 2010).
This is not the last word, I'm sure, as HP can certainly try to reword.
But don't you find this encouraging? I do. And that's why I wanted it
in our permanent record of the Bilski case and its aftermath.
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