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Quoting https://en.wikipedia.org/wiki/Software_patents_under_United_States_patent_law https://en.wikipedia.org/wiki/Software_patents_under_United_... : " On Ju
by DarkKomunalec 10y ago
Quoting https://en.wikipedia.org/wiki/Software_patents_under_United_States_patent_law https://en.wikipedia.org/wiki/Software_patents_under_United_... :
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On June 19, 2014 the United States Supreme Court ruled in Alice Corp. v. CLS Bank International that "merely requiring generic computer implementation fails to transform [an] abstract idea into a patent-eligible invention." [5][6][7]
The ruling continued:
[...] the mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention. Stating an abstract idea “while adding the words ‘apply it’” is not enough for patent eligibility.[] Nor is limiting the use of an abstract idea “‘to a particular technological environment.’”[]. Stating an abstract idea while adding the words “apply it with a computer” simply combines those two steps, with the same deficient result. Thus, if a patent’s recitation of a computer amounts to a mere instruction to“implemen[t]” an abstract idea “on . . . a computer,” [] that addition cannot impart patent eligibility.
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So just how broken and captured are lower US courts that, despite a supreme court decision invalidating software patents, this kind of extortion continues? Are software patents only invalid for those who can afford to litigate all the way to the supreme court, and the lower courts are ignoring this ruling?
- icebraining 10y agoIANAL, but from what I understand, Alice didn't invalidate software patents. In fact, it's generally agreed that they tried very hard not to rule on software patents. All they did was say that a generic abstract idea (like "escrow") doesn't suddenly turn patentable just because it may run on a computer. You need to have an "inventive concept" to qualify.
- shshhdhs 10y agoReminds me that there is a "shopping cart" software patent. Would this be invalidated by Alice?
- icebraining 10y agoThat particular patent was killed because it was even less innovative, as CompuServe Mall already had shopping carts in a computer before. Unfortunately, it had to go all the way to the court of appeals, and only thanks to Newegg choosing to fight it rather than pay them off: https://arstechnica.com/tech-policy/2013/01/how-newegg-crushed-the-shopping-cart-patent-and-saved-online-retail/ https://arstechnica.com/tech-policy/2013/01/how-newegg-crush...
- josaka 10y agoYes. But it was killed before Alice.
- josaka 10y agoAlice didn't invalidate software patents wholesale, but it seems like it killed a lot of the more objectionable ones and collapsed settlement values early in cases.