Difference between revisions of "State Street ruling by US CAFC on 23 July 1998"
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In the [[Bilski v. Kappos (2010, USA)]] decision, two concurring opinions forming a five-judge majority agreed that this test should not be kept.<ref>{{cite web|url=http://www.patentlyo.com/patent/2010/06/bilski-v-kappos-and-the-anti-state-street-majority.html|title=Bilski v. Kappos and the Anti-State-Street-Majority|quote=Although not rejected by the majority opinion, it is clear that the broad “useful, concrete, and tangible result” test is dead. [...] The two concurrences are in agreement on this point and are signed by five Supreme Court Justices — leading to a second majority on that particular point.}}</ref> | In the [[Bilski v. Kappos (2010, USA)]] decision, two concurring opinions forming a five-judge majority agreed that this test should not be kept.<ref>{{cite web|url=http://www.patentlyo.com/patent/2010/06/bilski-v-kappos-and-the-anti-state-street-majority.html|title=Bilski v. Kappos and the Anti-State-Street-Majority|quote=Although not rejected by the majority opinion, it is clear that the broad “useful, concrete, and tangible result” test is dead. [...] The two concurrences are in agreement on this point and are signed by five Supreme Court Justices — leading to a second majority on that particular point.}}</ref> | ||
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==Related pages on {{SITENAME}}== | ==Related pages on {{SITENAME}}== |
Revision as of 19:43, 14 January 2011
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 (directly or by describing a software idea as if it were a business method).
The patent in question was for a "machine", in the meaning of Section 101 of the Patent Act. The State Street ruling introduced the low standard of "useful, concrete and tangible result".
In the Bilski v. Kappos (2010, USA) decision, two concurring opinions forming a five-judge majority agreed that this test should not be kept.[1]
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Related pages on ESP Wiki
External links
Press coverage
- Floodgates open for patent cases, August 1998, CNet
- Patent ruling good or bad for tech?, 2008, CNet
- Bilski v. Kappos and the Anti-State-Street-Majority, 28 June 2010, Patently-o
References
- ↑ "Bilski v. Kappos and the Anti-State-Street-Majority". http://www.patentlyo.com/patent/2010/06/bilski-v-kappos-and-the-anti-state-street-majority.html. "Although not rejected by the majority opinion, it is clear that the broad “useful, concrete, and tangible result” test is dead. [...] The two concurrences are in agreement on this point and are signed by five Supreme Court Justices — leading to a second majority on that particular point."