Intellectual Property and Patent & Trade Mark Protection

Intellectual Property and Patent & Trade Mark Protection

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  • Dr. Rolf Claessen
    Dr. Rolf Claessen    Premium Member   Group moderator
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    Software and business method patents take a hit
    In Bilski, the Federal Circuit laid down the law of subject matter eligibility under Section 101 of the Patent Act. To be patent eligible, a claimed process must either: (1) be tied to a particular machine or apparatus, or (2) transform a particular article into a different state or thing. In all likelihood, claim limitations focused at general machines such as a "computer" will not be considered tying to "particular machine."

    for the full post at Patently-O

    http://www.patentlyo.com/patent/2008/10/cle-how-to-draf.html...
    • 02 Nov 2008, 2:15 pm