[Insight-developers] USPTO : New rules on Patentability

[Luis Ibanez]

The US Patent Office has released some new rules on
"patentability", based on the appeals court ruling in Bilski

http://www.uspto.gov/ip/boards/bpai/decisions/prec/fd084366.pdf

The key bit:

   For a claimed machine (or article of manufacture) involving
   a mathematical algorithm,

   1. Is the claim limited to a tangible practical application,
       in which the mathematical algorithm is applied, that
       results in a real-world use (e.g., "not a mere field-of-use
       label having no significance")?

   2. Is the claim limited so as to not encompass substantially
       all practical applications of the mathematical algorithm
       either "in all fields" of use of the algorithm or even in
       "only one field?"

   If the machine (or article of manufacture) claim fails either
   prong of the two-part inquiry, then the claim is not directed
   to patent eligible subject matter.


http://industry.bnet.com/technology/10004476/new-patent-test-for-machines-using-mathematical-algorithms/

http://techdirt.com/articles/20091222/1027497468.shtml