Bilski: business as usual

“For many months now, anybody who pays attention to the US
patent system has been anxiously awaiting the decision in the
Bilski case. This case started as a lawsuit against the US patent
office over its rejection of a business method patent. As this case
worked its way toward the US Supreme Court, it came to be seen by
many as a vehicle by which, just maybe, patents on business methods
and software could be struck down. Much energy – and many amicus
briefs – were directed toward that goal. As the last possible date
for a ruling approached, the Free Software Foundation observed:
“For Supreme Court watchers, following Bilski has been like
following the World Cup. Productivity has fallen and ulcers have
grown.” Alas, it seems that the World Cup analogy extends to bad
calls as well.

“The ruling is out; Groklaw has it. With the concurring
dissents, it runs to 71 pages. Reading the whole thing can lead to
a much better understanding of the history of patent law in the US,
but, for those concerned about possible changes to the patent
system, the conclusion is far more succinct:

“The patent application here can be rejected under our
precedents on the unpatentability of abstract ideas. The Court,
therefore, need not define further what constitutes a patentable
“process”…”

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