Patent: process, business method: the Court is unaware
of any ordinary, contemporary, common meaning of “process” that would require
it to be tied to a machine or the transformation of an article; Section 101
similarly precludes a reading of the term “process” that would categorically
exclude business methods. The term “method” within §100(b)’s “process”
definition, at least as a textual matter and before other consulting other
Patent Act limitations and this Court’s precedents, may include at least some
methods of doing business. The Court is unaware of any argument that the
“ordinary, contemporary, common meaning,” Diehr, supra, at 182,
of “method” excludes business methods; (…) these are not patentable processes
but attempts to patent abstract ideas. Claims 1 and 4 explain the basic concept
of hedging and reduce that concept to a mathematical formula. This is an
unpatentable abstract idea, just like the algorithms at issue in Benson and
Flook (U.S.S.Ct., 28.06.10, Bilski v. Kappos, J. Kennedy).
Monday, June 28, 2010
Bilski v. Kappos
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