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Case law in the USA

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The US Supreme Court made rulings in the 80s and 90s that were interpreted as allowing software patents, however, none of these rulings dealt with the question explicitly. A 2007 ruling in KSR v Teleflex indicated that the scope of patenting was to be narrowed. A 2008 ruling of the Federal Circuit court in re Bilski introduced the machine-or-translation test which narrows or closes the scope for patenting software ideas.

The Supreme Court have decided to review the Bilski ruling in late-2009/early-2010 and are accepting amicus briefs.

Contents

Of historical interest

O'Reilly v. Morse, 1853

Gottschalk v. Benson, 1972

Parker v Flook, 1978

  • Full name: Parker v Flook, 437 U.S. 584 (1978)
  • Wikipedia: Parker v. Flook

The 80s and 90s rulings which opened floodgates

Recent rulings which question swpats

KSR vs Teleflex

The ruling: KSR Int'l Co. v. Teleflex Inc., 127 S. Ct. 1727 (2007)

Press coverage

Bilski, 2008

(detailed article: in re Bilski, and this case will be reviewed by the Supreme Court in 2010 as Bilski vs Doll)

Unsorted cases

AT&T Corp. v. Excel Communications Inc., 172 F.3d 1352, 1356­59 (Fed. Cir. 1999)

Ex parte Yang-Huffman, Appeal 2007­2130, slip op. at 3 (Bd. Pat. App. & Interf. Oct. 4, 2007)

Graham v. John Deere, 383 U.S. 1, 6 (1966)

In re Alappat, 33 F.3d 1526, 1543 (Fed. Cir. 1994)

Laboratory Corp. of America Holdings v. Metabolite Laboratories, Inc., 548 U.S. 124 (2007)

NTP v. Research in Motion, Ltd., 397 F. Supp. 2d 785 (E.D. Va. 2005)

Northern Telecom v. Datapoint, 908 F.2d 931, 940-941 (1990)

State Street Bank & Trust Co. v. Signature Financial Group, Inc., 149 F.3d 1368, 1374 n. 6 (Fed. Cir. 1999)

Finding USA court documents

See also

External links

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