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The line drawn in Benson, Flook and Diehr would be adequate to solve virtually all of today's software patent problems. Shouldn't that be where the line is dra
by brlewis 15y ago
The line drawn in Benson, Flook and Diehr would be adequate to solve virtually all of today's software patent problems. Shouldn't that be where the line is drawn now? Here's what the Fed Circuit said, and the Supreme Court affirmed it:
Therefore, we also conclude that the "useful, concrete and
tangible result" inquiry is inadequate and reaffirm that the machine-or-transformation
test outlined by the Supreme Court is the proper test to apply. As a result, those portions of our opinions in State Street and AT&T
relying solely on a "useful, concrete and tangible result" analysis should no longer be
relied on.
- SoftwarePatent 15y agoI wish you were on the Federal Circuit. A majority of judges on that court don't agree with your reading of the cases.