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Difference between revisions of "Patentability in the USA after Bilski"
(→In the courts: ===CAFC and Supremes on ''Ferguson v. Kappos''=== As pointed out by the USPTO in their interim Guidance:<ref>http://news.swpat.org/2010/08/uspto-request-comment/</ref> <blockquot) |
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===CAFC and Supremes on ''Ferguson v. Kappos''=== | ===CAFC and Supremes on ''Ferguson v. Kappos''=== | ||
| − | As pointed out by the USPTO in their interim Guidance: | + | As pointed out by the USPTO in their interim Guidance:<ref>http://news.swpat.org/2010/08/uspto-request-comment/</ref> |
| − | + | <blockquote> | |
| − | The day after deciding Bilski, the Supreme Court denied certiorari in Ferguson v. Kappos, U.S. Supreme Court No. 091501, while granting, vacating, and remanding two other Federal Circuit section 101 cases. The denial of certiorari left intact the rejection of all of Ferguson’s claims. Although the Federal Circuit had applied the machine-or-transformation test to reject Ferguson’s process claims, the Supreme Court’s disposition of Ferguson makes it likely that the Ferguson claims also run afoul of the abstract idea exception. A representative Ferguson claim is: | + | The day after deciding Bilski, the Supreme Court denied certiorari in Ferguson v. Kappos, U.S. Supreme Court No. 091501, while granting, vacating, and remanding two other Federal Circuit section 101 cases. The denial of certiorari left intact the rejection of all of Ferguson’s claims. Although the Federal Circuit had applied the machine-or-transformation test to reject Ferguson’s process claims, the Supreme Court’s disposition of Ferguson makes it likely that the Ferguson claims also run afoul of the abstract idea exception. A representative Ferguson claim is:<br /> |
| − | + | <br /> | |
| − | :1. A method of marketing a product, comprising: | + | :1. A method of marketing a product, comprising:<br /> |
| − | + | <br /> | |
| − | :Developing a shared marketing force, said shared marketing force including at least marketing channels, which enable marketing a number of related products; | + | :Developing a shared marketing force, said shared marketing force including at least marketing channels, which enable marketing a number of related products;<br /> |
| − | + | <br /> | |
| − | :Using said shared marketing force to market a plurality of different products that are made by a plurality of different autonomous producing company [sic], so that different autonomous companies, having different ownerships, respectively produce said related products; | + | :Using said shared marketing force to market a plurality of different products that are made by a plurality of different autonomous producing company [sic], so that different autonomous companies, having different ownerships, respectively produce said related products;<br /> |
| − | + | <br /> | |
| − | :Obtaining a share of total profits from each of said plurality of different autonomous producing companies in return for said using; and | + | :Obtaining a share of total profits from each of said plurality of different autonomous producing companies in return for said using; and<br /> |
| − | + | <br /> | |
:Obtaining an exclusive right to market each of said plurality of products in return for said using. | :Obtaining an exclusive right to market each of said plurality of products in return for said using. | ||
| − | + | </blockquote> | |
==At the USPTO== | ==At the USPTO== | ||
Revision as of 00:55, 24 November 2010
In the courts
- Explaining Patentable Subject Matter: The First Bilski Test Cases, 7 July, 2010
- Bilski could be interpreted by the CAFC in RTC v. Microsoft, in re Bonnstetter, and Accenture Global Servs. GmbH v. Guidewire Software
- Bilski to be Expanded in RCT v. Microsoft, 25 July, 2010
- Suggests that RTC v. Microsoft will interpret Bilski, but also mentions seven other cases: CyberSource, Fort Properties, DealerTrack, FuzzySharp, Every Penny Counts, Prometheus, and Classen (their full names weren't given)
CAFC and Supremes on Ferguson v. Kappos
As pointed out by the USPTO in their interim Guidance:<ref>http://news.swpat.org/2010/08/uspto-request-comment/</ref>
<blockquote> The day after deciding Bilski, the Supreme Court denied certiorari in Ferguson v. Kappos, U.S. Supreme Court No. 091501, while granting, vacating, and remanding two other Federal Circuit section 101 cases. The denial of certiorari left intact the rejection of all of Ferguson’s claims. Although the Federal Circuit had applied the machine-or-transformation test to reject Ferguson’s process claims, the Supreme Court’s disposition of Ferguson makes it likely that the Ferguson claims also run afoul of the abstract idea exception. A representative Ferguson claim is:<br /> <br />
- 1. A method of marketing a product, comprising:<br />
<br />
- Developing a shared marketing force, said shared marketing force including at least marketing channels, which enable marketing a number of related products;<br />
<br />
- Using said shared marketing force to market a plurality of different products that are made by a plurality of different autonomous producing company [sic], so that different autonomous companies, having different ownerships, respectively produce said related products;<br />
<br />
- Obtaining a share of total profits from each of said plurality of different autonomous producing companies in return for said using; and<br />
<br />
- Obtaining an exclusive right to market each of said plurality of products in return for said using.
</blockquote>
At the USPTO
At the USPTO patent examiners and by the Board of Patent Appeals and Interferences.
- First BPAI decision after Bilski v. Kappos, 11 July, 2010
- Groklaw analysis: Sanity From the 1st Post-Bilski Decision from BPAI: In Re Proudler, 1 July, 2010
- First BPAI Decision Citing Bilski v. Kappos, 12 July, 2010
- Article: USPTO Must Amend Examiner Guidelines On Bilski, 22 July, 2010, by Paul Craane
The first certainty: Bilski's idea isn't patentable
Let's not forget the obvious. Bilski v. Kappos resulted in the rejection of the patentability of Bilski's patent application text.
