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0 pointselehack14y ago0 comments

Until the SCOTUS decisively overturns Federal Circuit precedent, it counts as "the courts". Yes, it seems that the SCOTUS isn't pleased, and things are looking up, but current national precedent is that software is patentable. I believe this is based on some interpretation of congressional intent, and Congress has not stated that it does not consider software to be patentable but, rather, that in some cases at least it should be. I have seen this line of reasoning used in court decisions I have looked over.

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3 comments · 1 top-level

brlewis14y ago· 2 in thread

I'm very interested in any citation related to apparent congressional intent that in some cases software should be patentable. Please share.

I'm also interested in arguments for or against the notion that the Federal Circuit overturned themselves in the Bilski case, affirmed by SCOTUS.

elehackOP14y ago

> I'm very interested in any citation related to apparent congressional intent that in some cases software should be patentable. Please share.

If memory serves, Kennedy's arguments in the SCOTUS decision in the Bilski case are based in part on apparent congressional intent. I don't have concrete citations to actual congressional activity; this impression is seeing it alluded to or asserted in decisions such as In re. Bilski. I'm making the assumption that the justices are not totally fabricating, although they may be misinterpreting.

brlewis14y ago

I looked through http://www.supremecourt.gov/opinions/09pdf/08-964.pdf and couldn't find what you're referring to. If you find a more specific citation, please let me know.

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