Re:Comment on the USPTO guidelines restoring software patents
by holy_city on Friday March 08, 2019 @04:20PM
(#19342298)
>This is despite SCOTUS constantly telling the Federal Circuit that they have it utterly wrong on patentability; they just haven't gotten the message yet.
The remedy there is for SCOTUS to make definitive rulings, is it not?
Re:Comment on the USPTO guidelines restoring software patents
by WillPostForFood on Friday March 08, 2019 @06:18PM
(#19343209)
The ideal remedy is for Congress to update the patent law.
Re:Comment on the USPTO guidelines restoring software patents
by _rpd on Friday March 08, 2019 @04:38PM
(#19342453)
My understanding is that the Fed Circuit rulings were very inconsistent, so that for every patent claim there was a ruling saying it was eligible and another saying it was ineligible, with the eligibility possibly changing every time a new ruling came out. The new guidelines are intended to establish a clear procedure that can be applied consistently.
Of course, the real problem here isn't the USPTO, it's the Federal Circuit. The Federal Circuit's decisions are binding precedent unless overruled by the Supreme Court, and the Federal Circuit has pretty consistently followed the test being cited in the guidelines, so USPTO has to follow. This is despite SCOTUS constantly telling the Federal Circuit that they have it utterly wrong on patentability; they just haven't gotten the message yet.