Saturday, November 1, 2008

In re Bilski: Trick or Treachery?

Halloween is a day for costumes.

Halloween is about disguise.

People can't see behind the mask to divine among the wicked and wise.

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Anonymous said...


Anon E. Mouse

Stephan said...

Do you know of any proof that the method of the patent actually works? Or is it just an intellectual game, which someone happened to think they would fancy a patent for?

Is therea any real "smoothing of the transfer of energy commodities between sellers and buyers"? I'm not aware of much smoothiness: forest fires are in the news plus rolling and non-rolling black-outs.

Are there "real results" not only "affecting" but also solving "a real world problem"?

Or does the method of this patent result in paper pushing and cash transfers from rich-to-rich/poor-to-rich/rich-to-poor only? A make-work scheme: applications granted and denied, court cases decided and appealed; academic studies, news paper commentaries and blog posts written and read?


Step Back said...


Appreciate your sentiment.
There are many aspects of the legal world that are far from fair, like the fact that middle class folk can't afford lawyers & are stepped on every day.

That said however, the esoteric legal issue looked at in this "Bilski" post is whether the en banc Federal Circuit analyzed the Benson decision (an old Supreme Court decision) correctly.

The Bilski court relied on Benson to support their new ruling that a "process" is not "eligible" under 101 unless is "tied to a particular machine" OR it transforms an article into a different state or thing.

I'm merely pointing out here that claim 8 of Benson was "tied to a particular machine", namely, a reentrant shift register and the process of Benson claim 8 did transform an article (the register) into a different state (one holding a binary number as opposed to a BCD coded one).

Anonymous said...

I believe the CAFC did the best they could under the available Supreme Court precedent opinions. After what happended in KSR, I think the CAFC did well and this Supreme court mess has to be straightened out by the Supreme Court. Judge Newman has great points.

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