Jul 12

It is true that there are many people asking for the patent of their on “works” and “inventions” that are not tangible. But the real issue is not on the quality of these works but on the guidelines and processes that the Supreme Court should follow in order to have proper guides to follow in giving approval for patents.

According to Justice Anthony Kennedy, there is only one factor that will result to a patent application’s rejection and that is the abstract ideas’ unpatentability. Further discussion is unnecessary and discussing the limitations and guidelines are a waste of time. This is the reason why Kennedy rejected the plan of the federal court in limiting and specifying non-physical works applying for a patent.

Software patent advocates are praising the said decision of the Supreme Court like Tom Syndor saying that the Supreme Court was sensible in rejecting the said idea. A new layer and era of patent decade will help in requiring patent applicants to present plaintiffs to prove that their ideas are not abstract.

On the other hand some people are disappointed with the court’s decision. Software Freedom Law Center chairman, Eben Moglen thinks that the world of patent application and approval especially that which pertains to software have been in a mess for some decades. It seems that with no proper limitations and too broad guidelines to follow, patent application will not be properly screened.

Justice John Paul Stevens said that the patents are mainly used to eliminate competition and terrorize people connected to patented software. This has been the issue with the patents on LZW, GIF images’ compression algorithm and MP3 compression technology.

With the increasing non tangible patent applications, confusion is expected arise with this. And with the Monday’s ruling, it seems that this confusion will still continue.

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