The Computer & Communications Industry Association asked the Supreme...
The Computer & Communications Industry Association asked the Supreme Court to clarify when software should be eligible for a patent, in an amicus brief Monday asking the court to review the patent case WildTangent v. Ultramercial (http://bit.ly/16FaS7n). CCIA said it…
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hopes a decision in the case would resolve a division within the U.S. Court of Appeals for the Federal Circuit on patent eligibility of software. “About half of the court has been following the Supreme Court’s guidance from the recent cases Bilski v. Kappos and Mayo v. Prometheus,” which distinguish between patentable software and unpatentable abstract ideas, said CCIA. “But several members of the Federal Circuit are still using a test that results in nearly any software being able to obtain a patent.” Public Knowledge filed a similar brief recently (CD Sept 23 p17).