Saturday, November 14, 2009

My favorite exchange from Bilski v. Kappos so far...

From Ars Technica's coverage:
Justice Roberts asked about another hypothetical software case: whether you could patent the process of using a calculator to compute "the historical averages of oil consumption over a certain period and divide it by 2." Stewart responded by drawing a distinction between a calculator with "preexisting functionality" to "crunch numbers" and a computer that "will be programmed with new software" and "given functionality it didn't have before." We'll let readers judge for themselves whether this distinction makes any sense.
I think this is precisely the problem with software patents, and I'm thrilled it was actually brought up.

A more complete treatment of this topic is here.

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