Software Patent News for March 16th:
- Patentable Subject Matter Redux: Bilski 2009 (Ex Parte Motoyama) [Patently-O] –
“In Ex Parte Motoyama, Appeal 2008-2753 (Bd. Pat. App. Int., Feb. 27, 2009) . . . the BPAI reversed an examiner's Section 103(a) obviousness rejection, but entered a new ground of rejection as failing the Bilski test of patentable subject matter under Section 101 of the Patent Act. . . . The panel recognized that the claim language did refer to a "monitoring device." However, according to the BPAI, the method "is not recited in terms of hardware or tangible structural elements. Rather, the method could be implemented on a software system, where the elements of claim 1 are implemented solely in software or algorithms.” - Red Hat Seeks Software Patents as Defensive Strategy [ Redhat.com] – –
"Red Hat has consistently taken the position that software patents generally impede innovation in software development and that software patents are inconsistent with open source/free software. . . At the same time, we are forced to live in the world as it is, and that world currently permits software patents. . . We believe such massive software patent portfolios are ripe for misuse because of the questionable nature of many software patents generally and because of the high cost of patent litigation. One defense against such misuse is to develop a corresponding portfolio of software patents for defensive purposes. . . . In the interests of our company and in an attempt to protect and promote the open source community, Red Hat has elected to adopt this same stance. We do so reluctantly because of the perceived inconsistency with our stance against software patents; however, prudence dictates this position." - Can computer software be patented in China? [European Patent Office] –
Computer programs as such cannot be patented, but may be protected under the "Regulations on Computers Software Protection", formulated in accordance with the Copyright Law. An invention containing a computer program may be patentable if the combination of software and hardware as a whole can really improve prior art, bring about technical results and constitute a complete technical solution.