Article Abstract:
The Federal Circuit Court's decision in In re Alappat creates a potential problem in its broad interpretation of the means-plus-function test for the patentability of computer software. The case allowed traditionally non-statutory subject matter to be patented because the program was integrated into the actual structure of a standard personal computer. This ruling undermines the examination principle and opens patent law to broad interpretations covering subject matter not originally considered patentable.
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Article Abstract:
The three-prong test used by the Patent Office for software programs is not consistent with the Supreme Court's decisions in the Benson, Flook and Diehr cases and should be modified. The current test emphasizes the status of an algorithm within prior art, making it a burdensome process for the Patent Office. Assuming that any relevant algorithm already exists in prior art would allow the office to focus on the newness and non-obviousness of the software, and make patent decisions based on this newness.
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Article Abstract:
Computer software may be more easily patented now that the Court of Appeal for the Federal Circuit has decided in State Street Bank & Trust Co. v. Signature Financial Group that some exceptions do not apply. This article traces the exceptions, why there were struck down, and what the decision will mean for patent law.
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