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Saturday, August 20, 2011

Patentability of Computer Programs -

What kind of computer programs are patentable?
A case decided 16 August 2011 provides some guidance.  In the case of CYBERSOURCECORPORATOIN v RETAIL DECISIONS, INC., the court stated,

 “to impart patent-eligibility to an otherwise unpatentable process under the theory that the process is linked to a machine, the use of the machine “must impose meaningful limits on the claim’s scope.” 545 F.3d at 961. In other words, the machine “must play a significant part in permitting the claimed method to be performed.” SiRF Tech., Inc. v. Int’l Trade Comm’n, 601 F.3d 1319, 1333 (Fed. Cir. 2010).”

            This means that one cannot patent a process simply by claiming that the process is performed by a computer.