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June 27, 2014


They need to define what an "abstract idea" is. This can be done based on SCOTUS precedent going back to Gottschalk v. Benson. An "abstract idea" has been defined as: laws of nature, a broad claim to a mathematical formula (though a novel method is not disqualified merely because it includes of a mathematical formula), and prior art methods that are not made novel merely because they are implemented with a computer (though implementing a novel method with a computer does not disqualify it).

Michelle Lee spoke at Stanford on Thursday, title "Speaking Truth to Patents: the Case for a Better Patent System". Nothing of substance - I was disappointed.


Perhaps she should have listed the aid of the master of truthiness, instead....?

Alas, perhaps Mr. Colbert would have ended up skewering the wonderful Miss Lee and the lack of an appointed and vetted leader. After all, how many hundreds of days DOES it take to get to the center of a lollipop?

The "and prior art methods that are not made novel merely because they are implemented with a computer" is clearly a bastardization of the law and is not a proper 101 argument.

Maybe that's why the Court refused to give a definition.

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