Can you give us an English translation of this, please? Specifically, on what grounds did they decide that software is nonstatutory (I'm guessing this means you can't patent it?) but a web-based system (which is also software...) is?
On Tue, Dec 6, 2011 at 9:35 AM, Hsuan-Yeh Chang <[email protected]> wrote: > 1. In a recent administrative decision, the US patent office held that a > "purely software embodiment" is not patent eligible. > > Quote: > "The clear import of this discussion is that the invention can exist solely > as software. Reciting descriptive material per se (e.g., computer > programs) is nonstatutory. See In re Warmerdam, 33 F.3d 1354, 1360-61 (Fed. > Cir. 1994). Therefore, we agree with the Examiner (Ans. 4, 17) that claim 1 > encompasses a purely software embodiment and find that claim 1, as a whole, > is directed to non-statutory subject matter under § 101." Ex Parte Cohen, > 2011 WL 6012432 (BPAI November 29, 2011) at 5. > > 2. On the flip side, a "web based system" is patent eligible. > > Quote: > "We are persuaded by Appellants' argument, for much the same reasons as to > the web-based system, set forth at claim 1. In the context of these two > method claims, we find that by providing a web-based system or providing, > on a web-based system, the methods are tied to a particular machine of the > specially-programmed computer. As such, we further find that the computer > is recited in the claim so inextricably connected to a discussion board and > the associated functions which occur by claim recitation on it so as not to > be an abstraction. See Bilski v. Kappos, 130 S.Ct. 3218, 3227 (June 2010). > We therefore find that claims 6 and 11 recite eligible subject matter, and > reverse the rejection of these claims under > Section 101." Ex Parte Vogel, 2011 WL 6012447 (BPAI November 21, 2011) at > 7 and 8. > > 3. > http://www.patentlyo.com/patent/2011/12/recent-patentable-subject-matter-decisions-at-the-bpai.html _______________________________________________ Discuss mailing list [email protected] http://lists.blu.org/mailman/listinfo/discuss
