The End of Business Patents in the US?

In Re Bilski USSN 08/833,892 relating to hedging risks, the Federal Circuit Court of Appeals (CAFC) has decided to review the whole concept of business patents, allowed in the US since State Street Bank.   

Amicus briefs have been invited. We watch developments with interest.

See http://www.cafc.uscourts.gov/opinions/07-1130%20order.pdf

and http://www.ipo.org/AM/Template.cfm?Section=IPO_Daily_News_&Template=/CM/ContentDisplay.cfm&ContentID=17370

The fact that other countries have not followed the US lead regarding business patents, the general pressure on the patent system and the amount of poor publicity that business patents have generated are probably all contributory factors leading to this development. The US Supreme Court has not ruled on the issue, but since, over the past couple of years, they overturned several CAFC innovations that had widened the goalposts, it could be that the Appeals court are trying to get their own house in order.

In Israel, the patent office does not allow business method patents per se. and software patents for business are not considered patentable -  see Giraffe vs. Melnicke, and other rulings.

There is no binding Supreme Court on the issue in Israel either.

One Response to The End of Business Patents in the US?

  1. [...] Fire of Genius), (Patent Troll Tracker), (Anticipate This! ), (Washington State Patent Law Blog), (The IP Factor), (IPBiz), (IP Spotlight), (IP Law360), (Innovationpartners), [...]

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