Friday, March 21, 2014

PATENTS - Software and Abstract Ideas

Ronald Mann, getting to the heart of the Alice brief:

....Alice Corp. boldly proposes a return to first principles, advising the Court that its opinion in Bilski (and its predecessors) reflects a wrong turn that needs to be corrected now.  It concedes that there is an exception from the Patent Act for “fundamental truths,” but in its view the category is limited almost exclusively to mathematical formulations “equivalent to a law of nature.” 

HERE

Also noting an amicus brief:
In past cases (most obviously Bilski), IBM has supported the idea that a “technical contribution” requirement would limit the “abstract idea” exception appropriately.  In this case, however, IBM explains that the pervasive inability of the Federal Circuit to apply any such test has convinced IBM that the entire enterprise should be abandoned.

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