Legal Research

“Closing Bell” For Business Method Patents?

The U.S. Supreme Court has agreed to hear In Re Bilski, the poster child for business method patents. You may recall that back in October 2008 the Federal Circuit affirmed the decision of the USPTO Board of Patent Appeals and Interferences rejecting the claims of this particular business method patent application dealing with hedging risk in commodities trading.

The NY Times quotes George Washington University law professor John F. Duffy:

“This is the most important patent case in 50 years, in particular because there is so much damage and so much good the court could do. The newest areas of technology are most threatened by the issues at stake here. The court taking this is likely to make a lot of people nervous, including software manufacturers and biotechnology companies.”

(The article also contains the “closing bell” quote I used in the title. Pithy, huh?)

BusinessWeek says:

“By agreeing to weigh in on the case, the high court is venturing into controversial terrain. Critics of business-method patents say it was never the intent of the law to protect such things, which in their view are often far closer to abstract concepts or mathematical algorithms rather than physical inventions. Proponents say they are key to promoting innovation in today’s knowledge- and service-based economy.”

(BTW, here’s another take on the whole “knowledge-based economy” thingie. I just started reading the book today.)

The case is on the docket for the next term, starting in October.

Full post as published by Jenkins Webblits on June 03, 2009 (boomark / email).