Tuesday, June 1, 2010

Before filing Software Patents, wait for Bilski case resolution

The big upcoming US case regarding software patents is In re Bilski. The Supreme Court has been sitting on it for months now. "Bilski" an ongoing set of patent cases that will change the patentability of software in the USA. The Bilski patent itself is a business method patent, not a software patent.

The 2008 ruling of the Court of Appeals for the Federal Circuit (CAFC) was broad enough to reject Bilski's patent and a certain category of software patents.

The Supreme Court agreed to review the CAFC's ruling (as Bilski v. Kappos), and the judges raised the issue of software during the hearing.

The Supreme Court's ruling could greatly change the patentability of software patents, business method patents, and the middle ground of e-commerce patents.

If you are looking for US patent news, I recommend patentlyo.