Supreme Court Makes Two Good Decisions On Patent Law
Supreme Court Makes Two Good Decisions On Patent Law:
...the court has now made it clear that they consider software to be more of a blueprint than a component, and someone else can now make the argument that, based on this, software should not be patentable.
...
Once again, the Supreme Court has smacked down CAFC, saying that the lower court had gone too far in embracing an incredibly strict standard in determining obviousness. This is tremendously important, as the lower court's "test" for obviousness barely exists at all. Effectively, the only thing looked at is prior art, when the law is clear that patents need to be on processes that are both new and non-obvious. If this allows the courts and the patent office to start actually looking at the obviousness of patents, it could help get rid of plenty of really bad patents.
Full article
No comments:
Post a Comment