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Sealsb 2012 Miami A

Sealsb 2012 Miami A

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Published by Wade Chumney

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Published by: Wade Chumney on Nov 28, 2012
Copyright:Attribution Non-commercial

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12/04/2012

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Patents, Professions and CronyCapitalism
By Wade Chumney, Roby Sawyersand David BaumerFall 2012
 
Patentable Subject Matter
Current state of the law
 –
Section 101 of the Patent Act allows the issuanceof patents to inventors of new and useful
 –
Processes, machines, manufactures, or newcompositions of matter
 –
That are not obvious to those skilled in theindustry
Focus of this paper is upon the boundaries of patentable processes
 
Patentable Processes
Until recently (1998), business methods, which areprocesses, were not patentable
 –
Technological processes have been patentable since thebeginning of patent law
 –
As computer software became increasingly common the courtshad to deal with patentability
Initially courts were hostile to patent applications that made use of computer software
As software became increasingly ubiquitous, judicial hostility melted
 –
Machine or transformation test
»
A process is patentable if 
It is tied to a particular machine, such as rubber making in Diehr, or
It transforms a particular article into a different state or thing
 –
Courts continued to insist that natural phenomena, laws of nature, andabstract ideas were not patentable

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