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Oral argument was held today - tough day for the patent applicant, with much skepticism expressed by the justices toward the idea that business methods (and, of
by grellas 17y ago
Oral argument was held today - tough day for the patent applicant, with much skepticism expressed by the justices toward the idea that business methods (and, of course, any software that might implement them) should be loosely patentable: Justice Stevens: "None of our cases has ever approved a rule such as you advocate"; Justice Breyer: applicant is arguing "anything that helps any businessman succeed is patentable"; Justice Scalia: patents are given to inventions that are manufactured or produced by workmen, "not someone who writes a book about how to win friends and influence people."
Not good portends for a favorable decision for the applicant.
On the other hand, several justices overtly questioned the highly restrictive test adopted by the lower court that would essentially gut many business method patents.
Looks like this could go all sorts of directions but not likely to any extreme.
- arebop 17y agoThe transcript is available from http://www.supremecourtus.gov/oral_arguments/argument_transcripts/08-964.pdf http://www.supremecourtus.gov/oral_arguments/argument_transc... for those who are interested in more.