The Top 10 Blog Postings in 2010
31. Dezember 2010 — The most impressive fireworks of this year were already lit in April at the Icelandic glacier
Eyjafjallajökull (Photo (C) 2010 via
under the terms of a CC license). The year is nearly over, the time for statistics has come. The following are my 10 most popular
blog postings in 201…
US Appeal Board Rejects Method and Program for Cluster Analysis in Bioinformatics (Ex parte Kelkar)
12. Dezember 2010 — [part of a heat map of gene expression value; from Wikimedia] In Ex parte Kelkar, claims were
directed to a method for determining similarity between portions of gene expression profiles or genes (independent claim 1) and a
program product having computer readable code stored on a recordabl…
Blog Posting No. 100: What Happened So Far On the Visae Patentes IP Blog
28. November 2010 — The occurrence of this blog in the IP blogoshere wasn't quite as dramatic as the eruption of
Iceland's Eyjafjallajökull in spring this year. However, for me personally it was a rather big step to integrate more or less
regular blogging into my daily rountine, so that I hope that some readers could/…
US Board of Appeals (BPAI) Rejects Cryptographic Method as Abstract Idea
17. November 2010 — Signature of Queen Elizabeth I (1533-1603) In early October 2010, the US Board of Patent Appeals and
Interferences (BPAI) issued three interesting decisions relating to computer-implemented inventions in the US, namely (i.) Ex
parte MacKenzie, App. No. 10/183,900, (ii.) Ex parte Kelkar, App…
Internet Advertising is an Abstract Idea says US District Court
2. September 2010 — On 13 August 2010, a Los Angeles District Court found patent US 7,346,545 invalid in view of the US
Supreme Court's v. opinion. The patent relates to delivering of copyrighted media products
(e.g. audio or video data) through a computer or server to internet users free of …
Internet Advertising is an Abstract Idea says US District Court
2. September 2010 — On 13 August 2010, a Los Angeles District Court found patent US 7,346,545 invalid in view of the US
Supreme Court's v. opinion. The patent relates to delivering of copyrighted media products
(e.g. audio or video data) through a computer or server to internet users free of …
US CAFC says that a Computerized Method is not Infringed when a Step is Performed by Hand
15. August 2010 — (Photo shows a court room of the US CAFC) Thanks to a tweet of "PatentLawFirm", I came across an
interesting US case law relating to infringement of computer-implemented inventions. The US Federal Circuit (CAFC) found in case
no 2009-1403 (Lincoln National vs. Transamerica) that a compute…
US CAFC says that a Computerized Method is not Infringed when a Step is Performed by Hand
15. August 2010 — (Photo shows a court room of the US CAFC) Thanks to a tweet of "PatentLawFirm", I came across an
interesting US case law relating to infringement of computer-implemented inventions. The US Federal Circuit (CAFC) found in case
no 2009-1403 (Lincoln National vs. Transamerica) that a compute…
New Zealand Allows Patents on "Embedded Software" but Fails to Provide a Definition
8. August 2010 — Back in April this year, the parilament of New Zealand voted for a major Patents Reform Bill that
tightened the standards of patentability of software-implemented inventions, such that they would have been broadly eliminated in
New Zealand. The bill was drafted by the Select Commerce Committee afte…
New Interim Guidance of the USPTO for Determining Patent Eligibility in View of Bilski
27. Juli 2010 — After the USPTO's Memorandum of June 28, 2010 for guidance of Patent Examiners and some debate on
whether or not the memorandum involves a reversal of the burden of proof, the USPTO today published an "Interim Guidance for
Determining Subject Matter Eligibility for Process Claims in view of …
Further Bilski Guidance from the USPTO
20. Juli 2010 — In my earlier posting regarding the USPTO's approach to the recent opinion of the US Supreme Court, I found, like others (see here and here), that the
interim guidance for patent examiners, in which USPTO examiners were adviced that "if a claimed method does not meet the
machine-or-transfor…
"Software per se" as New post-Bilski Ground of Rejection under 35 U.S.C §101
17. Juli 2010 — On 7 July 2010 the US Board of Patent Appeals and Interferences (BPAI) has decided its first decision
after the Supreme Court's opinion on Bilski v. Kappos (see earlier posting here or here). In the the case ex parte Proudler
(Hewlett Packard) the BPAI rejected all of the pendin…
How the Open Source Community Discusses the Supreme Court's Bilski Opinion
17. Juli 2010 — After the Supreme Court of the United States decided in its long awaited Bilski opinion of June 28,
2010, that both business methods and software-related inventions may still represent eligible subject matter according to 35
U.S.C. §101, the free and open source software (FOSS) community and other …
The USPTO's Approach to Bilski
8. Juli 2010 — On the very same day the US Supreme Court handed down its long awaited v. Kappos opinion, the USPTO issued a memorandum for guidance of Patent
Examiners, authored by Robert W. Bahr, Acting Associate Commissioner for Patent Examination Policy, according to which: Examiners
should continue…
The Blogosphere Vibrates: Bilski's Business Method Rejected but Software Remains Patent Eligible
1. Juli 2010 — Much as expected, the US Supreme Court affirmed the Federal Circuit's decision v. Kappos in that the rejection of Bilski's patent claims was upheld.
While the Court considered the claims as impermissible attempt to patent abstract ideas, it explicitly left open the possibility
of protecting …
Decision Xa ZB 20/08 of Federal Court of Justice (BGH) on Software-Implemented Invention Controversially Discussed
30. Mai 2010 — In the decision X ZB 22/07 ("Steuerung von Untersuchungsmodalitäten") of January 20, 2009, the X. (10th)
Civil Panel of the Federal Court of Justice (Bundesgerichtshof, BGH) under Chief Judge Uwe Scharen analysed the circumstances
under which an "embedded" software may represent statutory subject-m…
Further Bilski Rumors
23. Mai 2010 — I am currently in for the
INTA Annual Meeting, and there are increasing rumors about the reasons for the extraordinarily long lag between the oral
arguments in the Bilski vs. Kappos case held by the on November 9, 2009 and the issuance of the decision and, of course, about whet…
Software patenting in developed software-producing countries
15. April 2010 —In the first issue of the newly founded Journal of Computer Science & Comunication of the
Kurukshetra University, India, an article on Software Patent and Current Trends of Mr Garima Goswami and K.P. Yadav has been
published. The article tries to briefly sketch the current legal situation in sof…