I’m not a legal expert, so I’m mainly just gathering information, but it sure looks to me like the patent regime as it relates to software is in for fundamental change thanks to a ruling in the U.S. Court of Appeals for the Federal Circuit on Thursday. Links:
Inside Counsel has a story on the case, in re Bilski, from last year. The Wall Street Journal’s story on the ruling. The Chicago Law School Faculty Blog has an outstanding post, explaining the 1998 State Street Bank ruling that led to this case, the background of this case, and the three dissents in the 9-3 ruling. The title says it all: In re Bilski: The Fed Circuit Tells Inventors to Stuff It. Gene Quinn (a patent attorney who favors the existing patent regime) reports on the ruling and reflects on the implications. IP reporter Joe Mullin rounds up reactions. He argues that the decision is not as monumental as others seem to think. For what it’s worth, I don’t think that the patent regime as it exists today provides an incentive for individual inventors to create inventions. Most of the patent activity, especially in the world of software patents, is sponsored by large organizations who have the infrastructure and budget to try to patent everything they can. I’ve worked at a number of small companies and we’ve never been able to patent much of anything. We’re too busy coding. On the other hand, my friends at large companies are constantly being encouraged to file patents on everything they work on.
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