Bonum Certa Men Certa

Bilski Tomorrow?

Watching the birds



Summary: Bilski-watching in the words of those who care about software, not litigation

Tomorrow we'll have a lot of new posts, but tomorrow may also bring the important decision [1, 2, 3, 4, 5, 6] that can be extrapolated to annul software patents in the United States, or at leave pave the way. To quote from last week:



The Supreme Court is approaching the home stretch in its dash to end the current term, and it's a period when the big pending decisions start to emerge. But not this morning.


"Waiting for Bilski" is the title of this report which requires subscription to access.

Unless and until the Supreme Court reverses the Federal Circuit decision in Bilski, applicants should take the interim instructions into account when drafting and prosecuting patent applications. For example, a process claim should pass muster under the interim instructions if it recites that non-trivial steps are performed by a computer or microprocessor, or if it specifically identifies electronic data by indicating what the data represents, the particular type or nature of the data, and/or how or from where the data is obtained and recites a change in the nature of the data such that it has a different function or is suitable for a different use. In addition, applicants may wish to include the term “non-transitory” in claims directed to a computer-readable medium, to avoid a possible rejection under Section 101.


To them, it's about money, not science. "I thought you'd like to see how patent lawyers advise others on how to get a patent currently," wrote Pamela Jones over at Groklaw, "or if the lower court's ruling on Bilski is upheld unchanged."

“According to SCOTUSblog, Schwab was the last undecided case, except for Bilski, argued during the last November session.”
      --Pamela Jones, Groklaw
Lawyers want as many patents as possible (science does not matter) and the USPTO is addressing the wrong issues like speed of processing applications rather than limiting the scope of patents and narrowing their existing range. The other day we mentioned Amazon's latest outrageous patent on which Jones remarks by writing: "The USPTO and Amazon strike again. Amazon has gotten a patent, No. 7,739,139, on "Social networking system". Dear US Supreme Court, Please do something before nothing new and innovative can be done by anyone except large companies, because if you don't help, pretty soon every inch of the Internet will have somebody's flag on it, and software will only be written by large, well-funded companies. And that blocks a person like Linus Torvalds from being able to create the next Linux, and it harms the one we have. Thank you if you are willing to help. In Re Bilski gives you a wonderful opportunity. [...] According to SCOTUSblog, Schwab was the last undecided case, except for Bilski, argued during the last November session. No Bilski today. Next possible day is Monday, June 21."

That's tomorrow. The decision must come this month.

Comments

Recent Techrights' Posts

In the Pacific (Mostly Islands Around Oceania) GNU/Linux Grew a Lot
Microsoft cannot compete fairly
The Sheer Absurdity of the EPO's Career System Explained by EPO Staff
"Staff representation has previously pointed this out to management, and the career system has been the reason for several industrial actions and litigation cases initiated by SUEPO."
Forget About India's and Pakistan's Nuclear Weapons and Armament Race, They Need to Abscond Windows and Microsoft (Security Swiss Cheese)
Both countries would be wise to remove Windows as soon as possible, irrespective of the local party politics
statCounter: GNU/Linux Rose From 0.2% to Over 3% in Pakistan
GNU/Linux "proper" (i.e. not ChromeOS) has the lion's share
 
Links 26/05/2024: Google 'Search' Morphing Into Disinformation Factory, Discussion of Maze of the Prison Industrial Complex
Links for the day
A Toast to Tux Machines
Food ready for the party, no photos yet...
IBM/Red Hat Failing to Meet Its WARN Obligations in NC (STATE OF NORTH CAROLINA), or Perhaps It's Constantly Delaying the Layoffs
IBM isn't named even once
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 25, 2024
IRC logs for Saturday, May 25, 2024
GNU/Linux in Greenland
The sharp increases for GNU/Linux started last summer
[Meme] Productivity Champ Nellie Simon: It Takes Me 3+ Weeks to Write 6 Paragraphs
Congrats to Nellie Simon!
It Took EPO Management 3+ Weeks to Respond to a Letter About an Urgent Problem (Defunding of EPO Staff)
The funny thing about it is that Nellie Simon expects examiners to work day and night (which is illegal) while she herself takes 3+ weeks to write a 1-page letter
Staff Union of the EPO (SUEPO) in The Hague Taking Action to Rectify Cuts to Families of Workers
they "are active in challenging this measure via the legal system"
Links 25/05/2024: Microsoft Adds More DRM (Screenshot Blocking), Another Microsoft Outage Takes Down Everything
Links for the day
Gemini Links 25/05/2024: "Bill Smugs" and OpenBSD Mirror Over Tor / I2P
Links for the day
Microsoft #1 in Gaming Layoffs, Laid Off Workers Receive Another Insult From Microsoft
Many of them never chose to work for Microsoft
In New Caledonia Windows is Now Below 30% (It Used to be Over 90%)
Microsoft's Windows absolutely collapsing and the measures are relatively stable
Red tape: farmer concerns eerily similar to Debian suicide cluster deaths
Reprinted with permission from Daniel Pocock
Galway street artists support social media concerns
Reprinted with permission from Daniel Pocock
Links 25/05/2024: Section 230 and Right of Publicity Violations by Microsoft (Which Attacks Performance Artists)
Links for the day
[Meme] No Microsoft
For fun!
Microsoft Windows Falls to New Lows in Poland
It may mean people delete Windows from relatively new PC
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: An Introduction
The campaign of coercion (or worse) started in 2021
The "D" in Debian Stands for Dictatorship That Extends to Censorship at DNS Level
Of course the registrar, which charged for domains until 2025, just went along with it
Cybersecurity and Infrastructure Security Agency (CISA) Getting Stacked by Microsoft
it lets Microsoft write policies
The Parasitic Nature of Microsoft Contracts
Stop feeding the beast
Gemini Links 25/05/2024: Emacs Windows 2000 Screenshots and Little Languages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 24, 2024
IRC logs for Friday, May 24, 2024
Ireland Exits Microsoft's Vista 11
Microsoft can't be doing too well in Ireland because Microsoft had tons of layoffs in that country last year
A Recognition for Hard Work
Running this site is a lot of work
The Web We Lost...
Vintage War Censorship Poster...
Daniel Pocock (IND) in European Election Debate
In this segment he speaks of the effects of social control media and phones on children
[Meme] Next Target: Sub Domains
Deb.Ian.Community
In Republic of (South) Korea, as of This Month, Android Climbs to Record High of 48%
Judging by statCounter anyway
"Linux" is Second-Class Citizen at IBM
sends the wrong message to Red Hat staff and Red Hat clients
Links 24/05/2024: More Software Patents Invalidated (US), New Fights to Protect Free Speech
Links for the day
"You Touched the Wrong Lady"
What Rianne wrote more than 8 months ago
Links 24/05/2024: Layoffs at LinkedIn and Election Interference Via Social Control Media
Links for the day
Getting a 'Thank You' From Software Freedom Conservancy (SFC) Will Cost You $5,000 to $30,000 (Same as Last Year)
Right now one of their associates (SFC) tries to spend money to censor us
KDE Neon Weirdness
Reprinted with permission from Ryan Farmer
Congratulations to Sirius Open Source, Still Claiming to Employ People Who Left Half a Decade Ago (or More!)
What signal does that send to con men?
[Meme] Bluewashing
Cent OS? No more.
IRC Proceedings: Thursday, May 23, 2024
IRC logs for Thursday, May 23, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Tenfold Increase for ChromeOS+GNU/Linux in Brunei
Brunei Darussalam is a country most people don't know about and never even heard about
Coming Soon: Another Round of 'Cancel Stallman' Chorus
The series required a great deal of patience