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June 29, 2010

Comments

"and that "[t]hey recognized that the patentability of next generation technology should not be judged by a last century view of the law."

Disappointing then, it must be that the statement above was only put forth in a four member concurrence, and thus balanced by a four member concurrence who would rather see patent practice thrown back to the time of the founding fathers.

Indeed, the Bilski ruling is growing on me. Nevertheless, it's pretty easy to see that the issue of defining the limits of an "abstract idea" will likely be the focus of much patent litigation in the near future. I do rather wish that the Court had made more of an attempt to address this. Lacking guidance from above, lower courts will have to address the issue case-by-case, and we'll likely end up with some kind of piecemeal, undefined, "I know it when I see it" means of determining which inventions are too abstract. I wouldn't be surprised if the issue ends up going back up to the Supreme Court again soon -- maybe in Prometheus or Classen.
http://www.generalpatent.com/media/videos/general-patent-gets-results-its-clients

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