decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
"appending generic computer functionality . . . does not meaningfully limit claim scope" | 709 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
adding existing computer technology . . . does not . . . convert an abstract idea into a machine
Authored by: achurch on Friday, May 10 2013 @ 04:53 PM EDT

From pages 36-37:

One of the separate opinions in this case, concurring in part in the judgment, takes aim at this opinion, asserting that thte system claims here are simply claims to a patent-eligible machine, a tangible item one can put on one's desk. Machines are unquestionably eligible for patenting, states the opinion, although the system claims here clearly track the method claims that the separate opinion concedes are not patent eligible.

That conclusion is surely correct as an abstract proposition. A particular computer system, composed of wires, plastic, and silicon, is no doubt a tangible machine. But that is not the question. The question we must consider is whether a patent claim that ostensibly describes such a system on its face represents something more than an abstract idea in legal substance. Claims to computers were, and still are, eligible for patent. No question should have arisen concerning the eligibility of claims to basic computer hardware under § 101 when such devices were first invented. But we are living and judging now (or at least as of the patents' priority dates), and have before us not the patent eligibility of specific types of computers or computer components, but computers that have routinely been adapted by software consisting of abstract ideas, and claimed as such, to do all sorts of tasks that formerly were performed by humans. And the Supreme Court has told us that, while avoiding confusion between § 101 and §§ 102 and 103, merely adding existing computer technology to abstract ideas—mental steps—does not as a matter of substance convert an abstract idea into a machine.

I think they (well, at least five out of ten) get it!

[ Reply to This | Parent | # ]

Software is an algorithm ...
Authored by: Anonymous on Saturday, May 11 2013 @ 12:00 AM EDT
configuring a computer to run an algorithm is trivial ...
therefore, a patent on software is ... a patent on a trivial application of an
algorithm. Go figure.

[ Reply to This | Parent | # ]

"appending generic computer functionality . . . does not meaningfully limit claim scope"
Authored by: Anonymous on Saturday, May 11 2013 @ 10:48 AM EDT
a computer does not itself confer patent eligibility.

I would think that "adding a computer" in 2013 would be just obvious. I would also think that taking a method that would have been not feasible in say 1950 because if would have taken lot of people to do the work, but is now feasible because a computer can replace the many people, is obvious.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )