Patentability Of Business Model And Software Patents Comes Under Court Scrutiny
from the about-time dept
On one case that could have addressed the issue, the court dismissed the case on a technicality, rather than digging into the actual issue, though in the dissent, some Justices made it clear they weren't comfortable with the State Street ruling. Last year, some folks tried to sneak the issue of software patents into another Supreme Court patent case, but that seemed like a stretch, since the case really had little to do with software patents directly. The decision in that case did set things up, though, so that the Supreme Court later could reject software patents.
Now we have another important case to watch. As pointed out by the Troll Tracker, CAFC has agreed to a full court hearing to examine the scope of what can be patented. It may sound like a technicality, but it could be a very big deal. Going back on the earlier State Street ruling could effectively knock out many business model patents and software patents, restoring at least some (though, certainly not all) sanity to the patent system, especially in the technology world.