We hold that the claims at issue are drawn to the abstract idea of intermediated settlement, and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible invention.
We must first determine whether the claims at issue are directed to a patent-ineligible concept. We conclude that they are.
The United States Supreme Court has ruled 9-0 [pdf]
, invalidating many but by no means all software patents, in Alice v CLS Bank
. [more inside]
posted by atbash
on Jun 19, 2014 -
"The historical and international evidence suggests that while weak patent systems may mildly increase innovation with limited side effects, strong patent systems retard innovation with many negative side effects." "innovations leading to the creation of a new industry .. is seldom, if ever, born out of patent protection and is instead the fruit of a competitive environment."
— Boldrin and Levine. The Case Against Patents.
J. Economic Perspectives. (huffpo
posted by jeffburdges
on Feb 6, 2013 -
is a design and manufacturing website for inventors
. In 2010, one of their users, Bill Ward, came up with an idea for a dustpan called the Broom Groomer
with a comb-like edge for cleaning off all the dustbunnies and stuff that builds up on your broom. Turns out, gadget company OXO came out with a very similar design in 2012 called the Upright Sweep Set
. Last week, the folks at Quirky staged a protest
and paid for a billboard that accused OXO of ripping off their design.
OXO responds on their blog
with a mini-lesson on patents and international intellectual property rights.
posted by 23skidoo
on Jan 27, 2013 -
The end of one-click patents?
The Supreme court recently handed down a decision in the case of KSR v. Teleflex
requiring courts to use "common sense"
in determining what is an is not "Obvious" and therefore not patentable. According to SCOTUSblog, this will greatly affect "combination" patents that involve combining two already existing ideas in a new way.
posted by delmoi
on May 9, 2007 -