Categories
Software

A Plea to the Courts to Determine Whether or Not Software is Patentable

Dennis Crouch of Patently-O pleads with the courts to finally answer an important question:

> The result from this long history is that we still have software patents but they are hidden under the surface. They are harder to find, harder to examine, harder to understand, and thus much more problematic than they need to be. After fifty years of controversy; meandering administrative practice; and inconsistent Supreme Court decision making, it is time for the courts to take a stand and deliver the law in a way that is clear and precise. Finally answer the question Is software patentable?

For a less legalistic take, *see* [Ars Technica](http://feeds.arstechnica.com/~r/arstechnica/index/~3/JTzNygfMeII/).

*See also* [Google’s chief legal officer’s calls for software patent reform](http://www.theverge.com/2012/10/9/3479492/google-software-patent-reform) and [the general counsel at Rackpace saying they would “love to get rid of software patents”](http://feeds.arstechnica.com/~r/arstechnica/index/~3/FsH7juqHLJQ/).

Categories
Law

Federal Circuit to Examine Software Patentability

Dennis Crouch, writing on *Pantently-O*, points out one of the questions the court intends to address in an upcoming *en banc* review:

> What test should the court adopt to determine whether a computer-implemented invention is a patent ineligible “abstract idea”; and when, if ever, does the presence of a computer in a claim lend patent eligibility to an otherwise patent-ineligible idea?

The case is *CLS Bank Int’l. v. Alice Corp.* if you want to follow along at home.