Be Happy: Software Patents Are Rapidly Disappearing Thanks To The Supreme Court
from the another-one-gone-and-another-one-gone dept
As if slamming home just how important this decision is, former top patent judge Randall Rader, who left the court earlier this year in the midst of an ethics scandal, has apparently spoken out about how awful a decision he believes Alice to have been. Though, he's even more down on the ruling in Prometheus Labs v. Mayo Clinic, which was where the Supreme Court rejected patents on medical diagnostics, setting up the ruling in Alice, effectively rejecting most software patents. Rader is apparently furious about these decisions:
When asked how he would feel if he were a software developer, he commented: “I find the landscape for software innovation protection after Alice to be much more disturbing and less encouraging.” He also compared the opinion in Alice to the Supreme Court’s opinion in Mayo v Prometheus which he described as “probably the single most disappointing case in world patent jurisprudence”.And yet, here in Silicon Valley, where there are plenty of software developers, most seem to be rejoicing about the newly found freedom to innovate without having to worry about being hit by a bogus patent lawsuit (or, at the very least, having a reasonable chance of beating it back, thanks to these decisions).
“It causes me great pain to recognise the worst case in patent law history doesn't come out of India or Pakistan or Vietnam or China even, it comes from the United States as recently as a few years ago,” Rader stated.