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Perhaps merely clarify Diehr | 709 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

Perhaps merely clarify Diehr

Authored by: Anonymous on Friday, May 10 2013 @ 06:17 PM EDT

Something like:

The software is not patentable, period

Patentability is considered on all once the "software steps" are replaced with a simple "human calculation". So a patent on a robot design would apply to the "unprogrammed" robot - programming would have absolutely no impact when considering patentability or infringement.

RAS

[ Reply to This | Parent | # ]

Perhaps merely clarify Diehr - Authored by: jbb on Friday, May 10 2013 @ 11:15 PM EDT
- Perhaps merely clarify Diehr - Authored by: Anonymous on Saturday, May 11 2013 @ 12:05 AM EDT
  - Thanks for the clarification/correction - Authored by: jbb on Saturday, May 11 2013 @ 02:17 AM EDT
  - Perhaps merely clarify Diehr - Authored by: Anonymous on Saturday, May 11 2013 @ 02:30 AM EDT
    - Perhaps merely clarify Diehr - Authored by: Anonymous on Saturday, May 11 2013 @ 05:54 AM EDT
  - Diehr might still be valid - Authored by: Ian Al on Saturday, May 11 2013 @ 05:24 AM EDT
    - Diehr might still be valid - Authored by: Wol on Saturday, May 11 2013 @ 10:21 AM EDT
      - Diehr might still be valid - Authored by: Tyro on Saturday, May 11 2013 @ 03:44 PM EDT
        Diehr might still be valid - Authored by: mvs_tomm on Monday, May 13 2013 @ 09:18 AM EDT
      - Diehr might still be valid - Authored by: Ian Al on Sunday, May 12 2013 @ 04:08 AM EDT
- I can't speak to the patentability of the rest of the process... - Authored by: Anonymous on Saturday, May 11 2013 @ 03:06 AM EDT
  - I can't speak to the patentability of the rest of the process... - Authored by: Wol on Saturday, May 11 2013 @ 10:14 AM EDT
    - So what happens when somebody else ... - Authored by: Anonymous on Sunday, May 12 2013 @ 01:26 AM EDT
      - So what happens when somebody else ... - Authored by: ThrPilgrim on Tuesday, May 14 2013 @ 08:39 AM EDT
    - Central heating feedback - Authored by: Anonymous on Monday, May 13 2013 @ 09:45 AM EDT
- Diehr is a bogo-patent. - Authored by: albert on Saturday, May 11 2013 @ 01:44 PM EDT

No rationale

Authored by: Anonymous on Monday, May 13 2013 @ 06:38 PM EDT

Although a majority of the judges on the court agree that the method claims do not recite patent eligible subject matter, no majority of those judges agrees as to the legal rationale for that conclusion. [emphasis added]

And there we have it. It's a win on the day, but even the Judges don't know why it's a win. They recite mantra from SCOTUS, and they know they should take notice of that, but they're still not sure they should believe it. We're not out of the woods yet folks.

[ Reply to This | Parent | # ]

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