Difference between revisions of "State Street ruling by US CAFC on 23 July 1998"
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| + | '''State Street Bank & Trust Co. v. Signature Financial Group, Inc.''' (149 F.3d 1368, 1374 n. 6 (Fed. Cir. 1999)) is often cited as the ruling which opened the floodgates for [[business method]] patents, and broadening the scope for [[software patents]]. | ||
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| + | The patent in question was for a "machine", in the meaning of Section 101 of [[USA#USC_101]] legislation. | ||
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| + | ==Effects of Bilksi on State Street== | ||
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| + | The [[CAFC]]'s ruling on [[in re Bilski]] in 2008 is largely seen as overturning the State Street ruling, in whole or in part. However, the two cases do not deal with the same issue, to the relationship isn't clear. | ||
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| + | State Street upheld a software patent which claimed to be a "machine". The patent did not claim to be a "process", and Bilksi's ruling only dealt with what tests a "process" had to pass in order to be patentable. | ||
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| + | In 2009, during the [[US Supreme Court]]'s hearing of Bilski, the [[USPTO]]'s lawyer seemed to argue that the [[CAFC]]'s Bilksi ruling (i.e. the [[particular machine or transformation]] test) would ''not'' change the State Street ruling: | ||
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| + | <blockquote> | ||
| + | ''Well, it was machine — that is, in State Street Bank, the claim was not to a process within the meaning of Section 101 [...] It didn’t transform anything, but it would fit — the transformation part would be irrelevant because the machine-or-transformation test is, in our view, the appropriate rubric to apply in construing the statutory term process''<ref>http://news.swpat.org/2009/11/bilski-hearing-software-patents/</ref> | ||
| + | </blockquote> | ||
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| + | At the hearing, [[Justice Sotomayor]] also said agreed that Bilksi does not directly reinterpret State Street: | ||
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| + | <blockquote> | ||
| + | '''Mr. Stewart (USPTO):''' [...]The Federal circuit was not construing the statutory term “process.” It was construing the statutory term “machine.”[...]<br /> | ||
| + | '''Justice Sotomayor:''' ''No ruling in this case is going to change State Street. It wasn’t looking at process or the meaning of “process.” It was looking at something else.''<ref>http://news.swpat.org/2009/11/bilski-hearing-software-patents/</ref> | ||
| + | </blockquote> | ||
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| + | ==Related pages on {{SITENAME}}== | ||
| + | * [[Case law in the USA]] | ||
| + | * [[Litigation and specific patents]] | ||
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| + | ==External links== | ||
| + | ===Press coverage=== | ||
| + | * Cnet, August 1998: [http://news.cnet.com/2100-1023-214968.html&st.cn.nws.rl.ne Floodgates open for patent cases] | ||
| + | * Cnet, 2008: [http://news.cnet.com/8301-13578_3-10079859-38.html Patent ruling good or bad for tech?] | ||
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| + | ==References== | ||
| + | <references /> | ||
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| + | |||
| + | {{footer}} | ||
| + | [[Category:Patent infringement suits]] | ||
Revision as of 05:07, 8 May 2010
State Street Bank & Trust Co. v. Signature Financial Group, Inc. (149 F.3d 1368, 1374 n. 6 (Fed. Cir. 1999)) is often cited as the ruling which opened the floodgates for business method patents, and broadening the scope for software patents.
The patent in question was for a "machine", in the meaning of Section 101 of USA#USC_101 legislation.
Contents
Effects of Bilksi on State Street
The CAFC's ruling on in re Bilski in 2008 is largely seen as overturning the State Street ruling, in whole or in part. However, the two cases do not deal with the same issue, to the relationship isn't clear.
State Street upheld a software patent which claimed to be a "machine". The patent did not claim to be a "process", and Bilksi's ruling only dealt with what tests a "process" had to pass in order to be patentable.
In 2009, during the US Supreme Court's hearing of Bilski, the USPTO's lawyer seemed to argue that the CAFC's Bilksi ruling (i.e. the particular machine or transformation test) would not change the State Street ruling:
Well, it was machine — that is, in State Street Bank, the claim was not to a process within the meaning of Section 101 [...] It didn’t transform anything, but it would fit — the transformation part would be irrelevant because the machine-or-transformation test is, in our view, the appropriate rubric to apply in construing the statutory term process[1]
At the hearing, Justice Sotomayor also said agreed that Bilksi does not directly reinterpret State Street:
Mr. Stewart (USPTO): [...]The Federal circuit was not construing the statutory term “process.” It was construing the statutory term “machine.”[...]
Justice Sotomayor: No ruling in this case is going to change State Street. It wasn’t looking at process or the meaning of “process.” It was looking at something else.[2]
Related pages on ESP Wiki
External links
Press coverage
- Cnet, August 1998: Floodgates open for patent cases
- Cnet, 2008: Patent ruling good or bad for tech?
