Patenting of software - proposed guidelines and the magic dividing line that disappeared

Article Abstract:

The United State Patent and Trademark Office (USPTO) Proposed Guidelines for Computer Implemented Inventions outline software patentability and procedures for determining statutory claim status, but a Constitutional standard may be better. A constitutional approach would allow artistic expression to be considered as an aspect of any claim by presuming all claims to be statutory unless detrimental to the progress of science and the useful arts. By comparison, the USPTO guidelines, while ensuring software patentability, are much more limited in scope and the handling of artistic considerations.

Software, Copyright, Copyrights

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Remedies under patents on medical and surgical procedures

Article Abstract:

The Omnibus Consolidated Appropriations Act adds a new subsection (c) to 35 USC 287 limiting the remedies available to inventors of new medical techniques when such techniques have been infringed. The new subsection contains an exemption for the activities of pharmaceutical, biotechnology and diagnostic companies and no limitation on their enforcement of their patents against competitors. There is also no effect on what 35 USC 101 states is patentable and no effect on what 35 USC 271 states is an infringement. The legislative history of the new subsection is discussed.

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Patenting medical and surgical procedures

Article Abstract:

Therapeutic procedure patents for innovations in surgical or medical techniques have been rejected by the American Medical Assn but could become acceptable through legislation guaranteeing licensing, royalties and proper enforcement. Historically, medical procedure patents, while sometimes controversial, have not had adverse effects on US health care, so an outright ban may be an overreaction. Physicians and patients' fears concerning availability and costs of patented procedures will have to be addressed through compulsory licensing clauses or other legal solutions.

Surgical technology

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