Supreme Court To Review Whether Business Models And Software Are Patentable
from the this-should-be-interesting dept
While not a huge surprise, it’s worth noting that the Supreme Court has agreed to take the Bilski case, which has received plenty of attention. If you don’t recall, last year, the appeals court tried to further define what was patentable when it came to things like business models and software — which many had considered to be a wide open field for patenting since 1998 and the State Street ruling. Of course, there’s been a lot of controversy (and plenty of confusion) over the Bilski ruling, with some insisting that it really wouldn’t impact software and business method patents, and others arguing that it will help kill off many such patents. However, pretty much everyone expected that the Supreme Court (with its recent interest in patent law) would weigh in. So, now we get to go through this battle all over again. Expect a lot of different parties to weigh in on how the Supreme Court should rule. Back when all the amici briefs were filed for the Bilski case, I put up a detailed post about the arguments for and against software patents, and I imagine that what we’re about to see will be even more heated. Hopefully, the Supreme Court doesn’t make things worse.