[Insight-users] USPTO : New rules on Patentability

[Wes Turner]

Much more sane policy, at least based on the blurb.  It will be interesting
to see how it impacts software patents going forward.

- Wes

On Sun, Dec 27, 2009 at 1:54 PM, Luis Ibanez <luis.ibanez at kitware.com>wrote:

> The US Patent Office has released some new rules on
> "patentability", based on the appeals court ruling in Bilski
>
> http://www.uspto.gov/ip/boards/bpai/decisions/prec/fd084366.pdf
>
> The key bit:
>
>   For a claimed machine (or article of manufacture) involving
>   a mathematical algorithm,
>
>   1. Is the claim limited to a tangible practical application,
>       in which the mathematical algorithm is applied, that
>       results in a real-world use (e.g., "not a mere field-of-use
>       label having no significance")?
>
>   2. Is the claim limited so as to not encompass substantially
>       all practical applications of the mathematical algorithm
>       either "in all fields" of use of the algorithm or even in
>       "only one field?"
>
>   If the machine (or article of manufacture) claim fails either
>   prong of the two-part inquiry, then the claim is not directed
>   to patent eligible subject matter.
>
>
>
> http://industry.bnet.com/technology/10004476/new-patent-test-for-machines-using-mathematical-algorithms/
>
> http://techdirt.com/articles/20091222/1027497468.shtml
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-- 
Wesley D. Turner, Ph.D.
Kitware, Inc.
Technical Leader
28 Corporate Drive
Clifton Park, NY 12065-8662
Phone: 518-881-4920
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