Software and business method patents are history, thanks to a decision by the the Court of Appeals to the Federal Circuit, except in those cases which happen to meet the general rule on patents, namely the machine-or-transformation test. Knock on wood. It's likely to be appealed to, but unlikely to be accepted by the Supreme Court. I feel the big mo. This is historic. Now the software economy can see the sky again.
- Appeals court deals severe blow to business method patents
- In re Bilski: Patentable Process Must Either (1) be Tied to a particular machine or (2) Transform a Particular Article
- Court Greatly Limits Software And Business Method Patents
- Jul 22, 2008 - USPTO Says No More Software Patents
Update (Nov 1, 2008): It just occurred to me that any software written for a virtual machine is assuredly free now of any patentability.
