Linked by Thom Holwerda on Wed 6th Jul 2011 14:00 UTC
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RE[2]: Comment by pablo_marx
by pablo_marx on Wed 6th Jul 2011 15:56
in reply to "RE: Comment by pablo_marx"
Your post makes it appear to be a 100% clear divide.
Up until then, the USPTO refused to grant patents on software; after, they ceased resisting, and accepted software patents.
(Where then is the 1998 court ruling).
The post should be updated so people who don't go read comments aren't mislead into believing software patents were only issued from 1998 onwards.
RE[3]: Comment by pablo_marx
by Thom_Holwerda on Wed 6th Jul 2011 15:59
in reply to "RE[2]: Comment by pablo_marx"
The post should be updated so people who don't go read comments aren't mislead into believing software patents were only issued from 1998 onwards.
Yes, you're right. Let me update it to more accurately reflect what I'm trying to say.
The 1998 ruling is detailed here:
http://www.bitlaw.com/software-patent/history.html
"After the State Street decision, there is little doubt that computer software and data structures can be considered patentable subject matter in the United States. Certain steps are required to ensure that the software meets the examination guidelines of the USPTO, such as ensuring that the software or data structure is operated upon by a computer processor, or is stored on a computer readable media. However, these requirements are easy to meet when drafting the patent claims, and therefore are not a significant impediment to patentability."





Member since:
2005-06-29
Of course, it wasn't a 100% clear divide, but in general, the USPTO was not receptive to software patents, although the courts sometimes reversed USPTO decisions. The entire history is detailed here:
http://en.wikipedia.org/wiki/Software_patents_under_United_States_p...