Monday, October 31, 2005

Software patents paper

In my previous entry I mentioned the software patents paper I wrote a few months ago, and I have now put it online. In this paper I describe how software came to be patentable in the United States despite the Supreme Court's holdings that "mathematical algorithms" are unpatentable.

I now reiterate the recommendation I made in the paper: the Supreme Court should reverse the Federal Circuit's holding in Metabolite based on the subject matter limitation in 35 U.S.C. 101. It should analyze subject matter patentability based on the Neilson test as applied in Parker v. Flook and clarified in the paper.

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