09.03.14

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Pro-Software Patents Voices Finally Acknowledge the Demise of Software Patents in the United States

Posted in America, Patents at 9:49 am by Dr. Roy Schestowitz

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Summary: A milestone is reached as even the most zealous supporters of patents on algorithms (or computer-implemented inventions, or software patents) are admitting that the era of software patents may be over

PATENT layers are running scared and trying to figure out how to still patent software in the United States (this is just the latest of many such articles).

After the decision from SCOTUS (a decision against many software patents) law firms tried to fight this decision using words and using corrupt courts like CAFC. On the face of it, patent lawyers are not really succeeding. They can’t overturn what was decided.

Looking at the plutocrats’ press, it seems evident that the consequences are already being realised:

Last month, Apple and Samsung called off all their non-U.S. legal jousting over smartphone patents. With up to 40 different Apple-v.-Samsung cases being contended around the world, this was no small matter. Apple had already settled most of its smartphone fights with Google and Motorola. Then last week Intellectual Ventures, the litigious patent holding company founded and run by Nathan Myhrvold, said it would lay off nearly one-fifth of its 700 employees. Is the accumulate-and-sue patent strategy wearing thin?

Even CAFC seems to be giving up on its pro-software patents Jihad. A pro-software patents site cites the corrupt judge Rader (pro-software patents for years) to explain the demise of software patents in the United States. To quote some bits: “Former Federal Circuit chief judge Randall Rader has claimed that the prospects for software patent protection have fundamentally shifted following the Supreme Court’s decision in Alice v CLS Bank. In an exclusive interview with IAM, Rader, who stood down as the head of the CAFC in May and then left the court in June, admitted that he had hoped for more clarity.”

Funny how they neglect to say why he ‘left’. That’s what one ought to expect from a pro-software patents site.

Yet another pro-software patents site cites USPTO‘s new rules to acknowledge that software patents are now in trouble in the US. Quoting a relevant portion:

Just six days following the Alice opinion, on June 25, the PTO issued the USPTO Preliminary Examination Instructions In View Of The Supreme Court Decision in Alice Corporation Pty Ltd v CLS Bank International, et al. These Preliminary Instructions interpreted Alice to suggest that all claims directed to laws of nature, natural phenomena, and abstract ideas, regardless of the technology or the category of invention, should be analysed for patent eligibility using the two-step Mayo analysis. Some public commentary asserted to the PTO following the Preliminary Instructions report that many pending business method and software claims, which under the previous USPTO guidance may have been patent eligible, are now being rejected as patent ineligible.

The significance of the above items should be clear; even the most ardent supporters of software patents are gradually weakening and are willing to admit that software patents are in trouble. They may not say much about corruption in courts that supported software patents, but they do spot the trend.

Techrights is going to provide exclusive coverage with some major leaks about the EPO later this month. There is corruption here in the European patent system as well. We intend to expose it.

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