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Begin forwarded message:
From: Dewayne Hendricks <dewayne@warpspeed.com>
Subject: [Dewayne-Net] Supreme Court deals blow to computer patents in 9-0 ruling
Date: June 19, 2014 at 12:50:48 PM EDT
To: Multiple recipients of Dewayne-Net <dewayne-net@warpspeed.com>
Reply-To: dewayne-net@warpspeed.com
Supreme Court deals blow to computer patents in 9-0 ruling
By Jeff John Roberts
Jun 19 2014
<http://gigaom.com/2014/06/19/supreme-court-deals-blow-to-computer-patents-in-9-0-ruling/>
SUMMARY:
A new Supreme Court decision will cut down the number of computer-related patents, but will not, as some had hoped, eliminate software patents altogether.
The Supreme Court declared Thursday that a patent related to a centuries old financial concept was invalid since it was an abstract idea, even though the concept was implemented through a computer.
The court’s unanimous ruling serves to narrow the type of “inventions” that can be eligible for patents, and amounts to a minor victory for the technology industry and other companies that have long claimed about software-related patents.
The case itself involved a patent for escrow services held by Alice Corp, a shell company regarded by many as a patent troll. The patent’s validity was challenged by CLS Bank, which runs a currency transaction network, and which argued that Alice’s patent simply described a settlement mechanism that banks have used for centuries.
“We conclude that the method claims, which merely require generic computer implementation, fail to transform that abstract idea into a patent-eligible invention,” wrote Justice Clarence Thomas.
Thomas also cautioned against allowing patents that relied on “the draftsman’s art” to turn abstract notions into monopolies on ideas.
The ruling appears to call into question the validity of thousands of patents which describe a familiar idea, but rely on a “method” of implementing it with a computer.
Although the decision does not unequivocally declare software patents to be invalid, it expresses deep skepticism of “simply appending conventional steps” to an abstract idea in an effort to make it patent-eligible.
The opinion does suggest, however, that patents may still be obtained that “improve the functioning of the computer itself or effect an improvement in any other technology or technical field.” It also cautions that the goal of preventing patents that cover abstract ideas should not “swallow all of patent law.”
Thomas’s opinion drew heavily on the reasoning from another recent case, called Myriad Genetics, in which the Supreme Court invalidated patents over human genes. Both opinions hold that applying familiar techniques to non-patentable things does not result in a patentable invention.
The Alice case amounted to unfinished business of sorts for the Supreme Court. In 2010, the court addressed the same issues in a case called Bilksi, but failed to provide any clarity about what type of subject matter can — and cannot — be patented, which in turn produced another rat’s nest of lower court opinions.
[snip]
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