PATENTly - unOBVIOUS: December 2013

Wednesday, December 18, 2013

Return of the "I know IT when I see IT" meme

It's back.
The "I know IT when I see IT" meme.
See What Will SCOTUS ‘See’ and Know, in Alice?

(See also the earlier dated, Go Ask Alice )

Friday, December 6, 2013

The Other Trap Door Drops Open: SCOTUS v. Software Patents

On December 6, 2013 (yet another day that may live in infamy), the US Supreme Court announced that it will hear "Alice". In other words: The Other Trap Door Drops Open: SCOTUS v. Software Patents

The sole question presented on Writ for Cert is this:
QUESTION PRESENTED
Whether claims to computer-implemented inventions —including claims to systems and machines, processes, and items of manufacture— are directed to patent-eligible subject matter within the meaning of 35 U.S.C. § 101 as interpreted by this Court?

Alice Corporation Pty. Ltd. v. CLS Bank International

Interestingly, the Petitioner is Alice Corp., the owner of the software patent in question. The 5-5 tie at the Federal Circuit left Alice in the limbo state of not having overturned the lower court ruling that all of its claims are patent "ineligible". Alice itself has nothing more to lose by posing the above question to SCOTUS. But what if SCOTUS says no? What if they say ALL computer-implemented invention—including claims are ineligible? It's a game of Russian Roulette where all our heads are lined up in row next to that of the trigger man's.