Silver Linings: Bilski Ruling Does Seem To Be Limiting Some Software Patents
from the marginal-improvement dept
A new study, covering the year since the Bilsky ruling, found that the Board of Patent Appeals appears to be more willing to reject software patent claims. On top of that, the district courts' ruling on software patents also seem willing to take the Bilski lead and invalidate software patents (though, here, we're talking about the ridiculously small sample size of four -- though in all four cases, the patents were rejected). While, obviously, many would prefer a more bright line rejection of software patents, it's at least good to see that the courts and the BPAI seem to be somewhat cognizant of the idea that the bar for such patents should be reasonably high.