Bonum Certa Men Certa

What the Bilski Ruling Might Mean to Software Patents, Microsoft

Homeless car plate



IN previous posts about the re Bilski ruling [1, 2, 3], a cursory look at the ruling was all there was to be offered.

Now that people have taken a more careful look, discussion among experts leads to better assessment and understanding of the decision's impact on both business methods and software patents. Are they doomed altogether? Which ones? Would they hold water in court? Will they still be possible to obtain? What happens to existing such patents which applicants spent enormous amounts of time and money on? What does this mean to companies whose patent portfolio is their main or only business? These are all interesting questions and a subject that will be debated for quite some time.

Courtesy of and thanks to the work of Digital Majority, here are some posts of interest.

Prematurely-announced Victory?



On the subject on software patents:

State Street Overruled... PERIOD

The Federal Circuit has overruled State Street and software patents are no longer available as they have come to be available over the last 10 to 15 years.


Software and business method patents take a hit

Certainly we are not at the end of this, but for the first time in a long time advocates of software patents have been put on the defensive. This is really big.


Effect on Microsoft



Microsoft has for long relied on the last resort which is software patents. It also kept itself occupied trying to expand patentability of software to the many countries which reject them (e.g. India). The ruling regarding Bilski could , but as predicted some weeks ago by Stop Software Patents people, it's sensible to expect pro-software patents lobbyists to strike back.

Either way, here are some posts or interest:

Microsoft Has A Problem: Software Patents Go Up In Smoke

So, companies like Microsoft would have a lot to rue about as a huge portion of their patent portfolio has become circumspect. This not only would rob them of revenues in terms of royalties but would also open up a lot of space for competition as well. Special thanks to Red Hat to take up the fight and providing crucial data to the court to take this decision.


US court throws out most software patents - Microsoft has a problem

Much of the patent portfolio of some of the world's biggest software companies has become worthless overnight, thanks to a ruling yesterday by the US patent court.


The Scariest Things in Open Source

Another scary thing for those in Open Source would be patents. Honestly, thanks to the legal work done by so many in the FOSS world (big props to you guys), patents have more or less become a huge paper tiger. They still scare a lot of people, but in the end, all the saber rattling by the big boys (Microsoft, Oracle, Apple, Intel, etc, etc) have more or less rendered patents as nothing more than dead trees splattered with ink.


Reality Check



Some more moderate analysis from Mike Masnick:

Is There Still A Big Loophole For Software And Business Method Patents?

It's not a full rejection of software or business model patents, but I think that's for the best in the long run. It's better to create proper overall rules, rather than trying to carve out exemptions and creating a patchwork of rules. However, I'm still worried about the loopholes, and how quickly lawyers with tons of patents seem ready to leap through those loopholes.


As a little bit of background and historical perspective:

Federal Circuit Reins in Business Method Patents

During the 1990s, it handed down its Alappat and State Street decisions, which gave a green light to patents on software and business methods, two categories of innovation that had traditionally been regarded as ineligible for patent protection. Even as the evidence mounted earlier this decade that these patents were hindering, rather than promoting, technological innovation, the Federal Circuit showed no sign of backing down.


The decision (or clarification) which will come from EPO is important too [1, 2, 3, 4]. Suffice to say, as IPKat pointed out last week, this may have an impact on the UK as well (Nokia did some damage there [1, 2, 3]). In addition, re Bilski could affect the judgment of the EPO.

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway”."

--Marshall Phelps, Microsoft

Recent Techrights' Posts

Parties and Milestones Again
we've begun putting up about 40 balloons
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
 
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete
Links 26/10/2025: Microsoft Spies on Gamers, Open Transport Community Conference
Links for the day
Links 26/10/2025: LLM Slop / Plagiarism Programs Continue to Disappoint, CISA Layoffs Threaten Systems
Links for the day
Gemini Links 26/10/2025: Gemsync and Joining the Small Web
Links for the day
India.com a Click-baiting, SEO-Spamming, Slopfarming Heap
They do this almost every day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 25, 2025
IRC logs for Saturday, October 25, 2025
Without XBox Consoles, XBox is No More, It's Just a Brand (More Rumours of Microsoft Ending XBox, Then Laying Off Lots of Staff)
All signs indicate that Microsoft wants to "exit" the XBox business (not brand), but it does not want to publicly admit this as it would alarm staff and shareholders