Probably not, but a question like that SHOULD definitely keep them awake at night.

It is amazing how those who know nothing about a subject and nothing about science are so quick to exclaim with great arrogance that things are “common sense” and so trivial that they don’t deserve a patent. I think it was Thomas Jefferson’s time as the first US patent examiner that changed his view on the patent system. He was so overwhelmed by reviewing patent applications, which shouldn’t have taken long if it the standard were “this is genius” or “this is common sense” check the box.

-Gene

Like POP, I have a sick and uneasy feeling about how the “You lie/Not true” faction of the US SCt will rule regarding modern science, information technologies and so forth.

One gets a pensive glimpse at the Ghost of Bilski future simply by looking at KSR past.

Those on the SCt who profess to channel the Founding Fathers were Yankee cock-a-doodle sure in KSR that electronic throttle and brake design is a matter of “ordinary” creativity, simple market forces and thus undeserving of patent protection.

But then again look what’s happening to poor Toyota and their trials and tribulations of recent regarding very similar subject matter: electronic throttle and brake designs.

If all this stuff is as simple and as “common sense” as easing in the last piece of the puzzle into the jigsaw assemblage, why is a well regarded engineering firm like Toyota having trouble? I doubt though that a question like that keeps any of the Justices awake at night.

I couldn’t agree more. This will be the superbowl of decisions. It could not only impact software and business methods, but also diagnostic methods. If it impacts diagnostic methods that would also have incredibly negative affect on medical treatments and medical devices because there necessarily needs to be a diagnosis in order to find a treatment and a tool to cause treatment. Take the money out of diagnostic methods and research will go elsewhere and that will have a significant negative impact on the advancement of health care.

I think these issues all need to be decided, but Bilski is the wrong case. It should be an easy case. Simply say NO to purely mental methods and processes. Then wait for a better case that crystallizes the other issues.

-Gene

This post was mentioned on Twitter by ipwatchdog: Court Stays Ruling Pending Supreme Decision in Bilski. Now we wait for the Supreme Court to issue a decision in Bilski. http://bit.ly/bkd0Nx...