Today, Groklaw invited Associate Professor Michael Risch of Villanova University School of Law to write an article Curing the Problem of Software Patents. The article and comments are worth reading as they point to the doctrines courts and the PTO are likely to use in the future.
Professor Risch also wrote an article America's First Patents that may surprise those who think the machine-or-transformation test is engrained in American patent law. That patent-eligibility test requires a claimed process be performed by a machine or transform matter to a different state. Professor Risch assserts 40% of the patented processes issuing in the first 50 years of the US patent system would have failed the test.
Copyright © 2012 Robert Moll. All rights reserved.