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	<title>IPWatchdog.com &#124; Patents &#38; Patent Law</title>
	<link>http://www.ipwatchdog.com</link>
	<description>Patents, Patent Applications, Patent Law</description>
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		<title>Much Ado About Nothing Over First to File</title>
		<description><![CDATA[Just about 24 hours ago I posted an article relating to my changing position with respect to first to file, and already there is something of a firestorm.  I understand there are those who feel I have abandoned them and adopted a naive view of the world. But excuse me for recognizing the new tone [...]


Related posts:<ol><li><a href='http://www.ipwatchdog.com/2009/04/08/challenging-patent-reform-first-to-file-provision/id=2475/' rel='bookmark' title='Permanent Link: Challenging Patent Reform First-to-File Provision'>Challenging Patent Reform First-to-File Provision</a><small>I recently received an e-mail from Ron Katznelson, who is the Founder and President of Bi-Level Technologies in Encinitas, CA.  Dr. Katznelson is a named inventor in more than 25 U.S. patents and his research and development interests include optimal signal design, digital RF signal processing, digital television, signal representation &amp; sampling theory, intellectual property [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/11/06/secretary-locke-promises-strongest-ip-protection-in-the-world/id=7182/' rel='bookmark' title='Permanent Link: Secretary Locke Promises Strongest IP Protection in the World'>Secretary Locke Promises Strongest IP Protection in the World</a><small>I am just getting back from two days at the United States Patent and Trademark Office, having attended the 14th Annual Inventors Conference.  There is much to report, and much to write about, and I will continue to digest, analyze and write about what I saw and my impressions in the days to come.  It [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/11/06/kappos-talks-patent-reform-at-uspto-inventors-conference/id=7172/' rel='bookmark' title='Permanent Link: Kappos Talks Patent Reform at USPTO Inventors Conference'>Kappos Talks Patent Reform at USPTO Inventors Conference</a><small>The 14th Annual Inventors Conference is presently ongoing at the United States Patent and Trademark Office in Alexandria, Virginia.  The conference started yesterday and continues today.  I am here at the USPTO presently, and I was here yesterday as well and had an opportunity to hear Patent Office Director David Kappos address the attendees during [...]...</small></li></ol>

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		<link>http://www.ipwatchdog.com/2009/11/07/much-ado-about-nothing-over-first-to-file/id=7191/</link>
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		<title>Secretary Locke Promises Strongest IP Protection in the World</title>
		<description><![CDATA[I am just getting back from two days at the United States Patent and Trademark Office, having attended the 14th Annual Inventors Conference.  There is much to report, and much to write about, and I will continue to digest, analyze and write about what I saw and my impressions in the days to come.  It [...]


Related posts:<ol><li><a href='http://www.ipwatchdog.com/2009/09/17/rob-clarke-named-new-uspto-chief-of-staff/id=6213/' rel='bookmark' title='Permanent Link: Rob Clarke Named New USPTO Chief of Staff'>Rob Clarke Named New USPTO Chief of Staff</a><small>Yet another high profile senior level management position has been filed at the United States Patent and Trademark Office, and the trend of qualified &#8220;get it&#8221; people continues.  Rob Clarke, who is currently the Director of the Office of Patent Legal Administration (OPLA), has been asked by Director David Kappos to become the new USPTO [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/08/08/david-kappos-confirmed-as-uspto-director/id=4813/' rel='bookmark' title='Permanent Link: David Kappos Confirmed as USPTO Director'>David Kappos Confirmed as USPTO Director</a><small>With no notice to the public, and after the Senate was reported to have adjourned for their August recess, on Friday, August 7, 2009, David Kappos was confirmed as Undersecretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. While I applaud the quick action by the Senate to [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/10/06/obama-friend-appointed-to-be-deputy-at-uspto/id=6459/' rel='bookmark' title='Permanent Link: Obama Friend Appointed to be Deputy at USPTO'>Obama Friend Appointed to be Deputy at USPTO</a><small>On Friday, October 2, 2009. U.S. Commerce Secretary Gary Locke appointed Sharon Barner to the post of deputy director of the U.S. Patent and Trademark Office (USPTO). Milwaukee Journal Sentinel reporter John Schmid reported yesterday that in a telephone interview with Barner she explained that she is a long time associate of President Barack [...]...</small></li></ol>

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		<link>http://www.ipwatchdog.com/2009/11/06/secretary-locke-promises-strongest-ip-protection-in-the-world/id=7182/</link>
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		<title>Kappos Talks Patent Reform at USPTO Inventors Conference</title>
		<description><![CDATA[The 14th Annual Inventors Conference is presently ongoing at the United States Patent and Trademark Office in Alexandria, Virginia.  The conference started yesterday and continues today.  I am here at the USPTO presently, and I was here yesterday as well and had an opportunity to hear Patent Office Director David Kappos address the attendees during [...]


Related posts:<ol><li><a href='http://www.ipwatchdog.com/2008/06/27/independent-inventors-conference-pto/id=179/' rel='bookmark' title='Permanent Link: Independent Inventors Conference @ PTO'>Independent Inventors Conference @ PTO</a><small>The 13th annual Independent Inventors Conference will be held on the campus of the United States Patent and Trademark Office (USPTO) in Alexandria, Virginia August 8-9. A pre-conference workshop, for anyone interested in learning about the basics of patents and the importance of intellectual property protection, will be held on August 7 from 5 to [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/09/22/kappos-lays-out-ambitious-agenda-for-uspto-in-speech-at-ipo/id=6318/' rel='bookmark' title='Permanent Link: Kappos Lays Out Ambitious Agenda for USPTO in Speech at IPO'>Kappos Lays Out Ambitious Agenda for USPTO in Speech at IPO</a><small>Last week David Kappos addressed the IPO annual meeting in Chicago, Illinois.  Kappos&#8217; remarks were varied and really set a new tone for the future of the USPTO under his watch.  Kappos continued the theme he has already established in differentiating how the USPTO will run under his regime, as compared to how it ran [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/08/08/david-kappos-confirmed-as-uspto-director/id=4813/' rel='bookmark' title='Permanent Link: David Kappos Confirmed as USPTO Director'>David Kappos Confirmed as USPTO Director</a><small>With no notice to the public, and after the Senate was reported to have adjourned for their August recess, on Friday, August 7, 2009, David Kappos was confirmed as Undersecretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. While I applaud the quick action by the Senate to [...]...</small></li></ol>

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		<link>http://www.ipwatchdog.com/2009/11/06/kappos-talks-patent-reform-at-uspto-inventors-conference/id=7172/</link>
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		<title>Gene Quinn Declared Patent Twit of the Week</title>
		<description><![CDATA[I just so happened to stumble across an interesting article declaring me Patent Twit of the Week.  Normally one would not be proud of being declared a &#8220;twit,&#8221; but I have to say that I am enormously proud of this recognition.  It seems that The Center for a Stateless Society has declared me a patent [...]


Related posts:<ol><li><a href='http://www.ipwatchdog.com/2009/11/02/quinn-and-koepsell-discuss-gene-patents-on-grittv/id=7087/' rel='bookmark' title='Permanent Link: Quinn and Koepsell Discuss Gene Patents on GritTV'>Quinn and Koepsell Discuss Gene Patents on GritTV</a><small>Last Monday, October 26, 2009, I had the opportunity to discuss gene patents on GritTV with host Laura Flanders. I appeared on the show via Skype video along with David Koepsell, the author of Who Owns You? , who was in the studio. I was supposed to be in New York City with [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/10/05/beware-the-anti-patent-misdirection-and-lies/id=6455/' rel='bookmark' title='Permanent Link: Beware the Anti-Patent Misdirection and Lies'>Beware the Anti-Patent Misdirection and Lies</a><small>Anyone who has been reading IPWatchdog.com over the last several days knows that anti-patent advocates have been lambasting me for taking the position that patents are not evil and that more than a 0 year patent term is appropriate.  This debate was progressing about as well as you could expect I suppose.  I was making [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/09/29/reality-check-anti-patent-patent-musings/id=6410/' rel='bookmark' title='Permanent Link: Reality Check: Anti-Patent Patent Musings Simply Bizarre'>Reality Check: Anti-Patent Patent Musings Simply Bizarre</a><small>I stumbled across an interesting article today from The Post and Courier regarding how interest in US patents is picking up in Cuba.  First, it was interesting enough to learn that it is possible for companies and individuals in Cuba to obtain a US patent given how Cuba and the US have been on rather [...]...</small></li></ol>

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		<link>http://www.ipwatchdog.com/2009/11/04/gene-quinn-declared-patent-twit-of-the-week/id=7161/</link>
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		<title>Bilski: Eyewitness Report and Expert Analysis</title>
		<description><![CDATA[n Monday, November 9, 2009, the United States Supreme Court will hear oral arguments in the much anticipated Bilski case, which could well decide once and for all whether business methods and software remain patentable in the United States.  I will be in attendance at the oral argument, which will take place after a [...]


Related posts:<ol><li><a href='http://www.ipwatchdog.com/2009/11/01/history-of-software-patents-iii-in-re-alappat/id=7059/' rel='bookmark' title='Permanent Link: History of Software Patents III: In re Alappat'>History of Software Patents III: In re Alappat</a><small>On October 30, 2008, the United States Court of Appeals for the Federal Circuit issued a landmark decision in In re Bilski. The United States Supreme Court has accepted the Bilski case and will hold oral arguments on Monday, November 9, 2009. My plan is to be present for the oral arguments, and I [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/06/01/us-supreme-court-grants-cert-in-bilski/id=3865/' rel='bookmark' title='Permanent Link: US Supreme Court Grants Cert. in Bilski'>US Supreme Court Grants Cert. in Bilski</a><small>On Monday, June 1, 2009, the United States Supreme Court granted cert. in Bilski v. Doll.  This means that the last chapter on business methods and software has not yet been written, which could be good news or bad news depending upon your particular take.  I have wondered out loud about allowing software patents as [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/06/29/how-to-patent-software-in-a-post-bilski-era/id=4311/' rel='bookmark' title='Permanent Link: How to Patent Software in a Post Bilski Era'>How to Patent Software in a Post Bilski Era</a><small>Those familiar with the ongoing debate regarding the patentability of software and business methods know, the United States Supreme Court has decided to take up In re Bilski during its next term, which will start in October 2009.  In the meantime, what exactly do you do if you want to patent software or computer related [...]...</small></li></ol>

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		<link>http://www.ipwatchdog.com/2009/11/04/bilski-eyewitness-report-and-expert-analysis/id=7150/</link>
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		<title>Fired Up: Challenging the Constitutionality of the Patent Act</title>
		<description><![CDATA[The Plaintiffs allege that because human genes should not be patented.  Hardly something that anyone can argue.  The only trouble is that this is not what the US Patent Office allows, and it is not what Myriad Genetics has been granted a patent on.  Nevertheless, the frivolous ACLU lawsuit that seeks to use the US [...]


Related posts:<ol><li><a href='http://www.ipwatchdog.com/2009/11/02/district-court-rules-aclu-gene-patent-challenge-may-proceed/id=7115/' rel='bookmark' title='Permanent Link: District Court Rules ACLU Gene Patent Challenge May Proceed'>District Court Rules ACLU Gene Patent Challenge May Proceed</a><small>In one of the worst opinions I have ever read from any federal court, the United States District Court for the Southern District of New York ruled earlier today that the ACLU challenge against the Myriad Genetics patents and the United States Patent and Trademark Office for issuing patents can proceed. Procedurally the posture [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/11/06/secretary-locke-promises-strongest-ip-protection-in-the-world/id=7182/' rel='bookmark' title='Permanent Link: Secretary Locke Promises Strongest IP Protection in the World'>Secretary Locke Promises Strongest IP Protection in the World</a><small>I am just getting back from two days at the United States Patent and Trademark Office, having attended the 14th Annual Inventors Conference.  There is much to report, and much to write about, and I will continue to digest, analyze and write about what I saw and my impressions in the days to come.  It [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/11/02/quinn-and-koepsell-discuss-gene-patents-on-grittv/id=7087/' rel='bookmark' title='Permanent Link: Quinn and Koepsell Discuss Gene Patents on GritTV'>Quinn and Koepsell Discuss Gene Patents on GritTV</a><small>Last Monday, October 26, 2009, I had the opportunity to discuss gene patents on GritTV with host Laura Flanders. I appeared on the show via Skype video along with David Koepsell, the author of Who Owns You? , who was in the studio. I was supposed to be in New York City with [...]...</small></li></ol>

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		<link>http://www.ipwatchdog.com/2009/11/03/fired-up-challenging-the-constitutionality-of-the-patent-act/id=7144/</link>
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		<title>Honorable Mention: Nanobots – An Invention of the Future</title>
		<description><![CDATA[Inventors Digest, in cooperation with IPWatchdog, is showcasing several essays deserving of honorable mention.  The first in this series appears below.
Inventors Digest held a youth innovation essay contest, in part to celebrate National Inventors Month, last August. The four winning essays are at InventorsDigest.com.  The magazine received and reviewed some 400 essays from across the [...]


Related posts:<ol><li><a href='http://www.ipwatchdog.com/2009/07/26/inventors-digest-essay-contest-for-teens/id=4710/' rel='bookmark' title='Permanent Link: Inventors Digest Essay Contest for Teens'>Inventors Digest Essay Contest for Teens</a><small>In honor of National Inventors Month in August, Inventors Digest magazine and partners are sponsoring the 2059 Essay Contest for middle school and high school students.  IPWatchdog.com is proud to be one of the sponsors for this exciting essay contest, which asks those in ages 12 to 17 to write a 500 word (or less) [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/09/11/inventors-digest-extends-deadline-for-teen-essay-contest/id=6056/' rel='bookmark' title='Permanent Link: Inventors Digest Extends Deadline for Teen Essay Contest'>Inventors Digest Extends Deadline for Teen Essay Contest</a><small>About 6 weeks ago I mentioned that Inventors Digest was holding an essay contest for teens in order to celebrate National Inventors Month, which is in August ever year. Realizing that the timing was conflicting somewhat with the annual pilgrimage to get new clothes, school supplies and the frenzy otherwise associated with the parental [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/06/13/the-case-against-gene-patents/id=4102/' rel='bookmark' title='Permanent Link: The Case Against Gene Patents'>The Case Against Gene Patents</a><small>I favor innovation, and am interested in ensuring that science and technology work hand in hand to both better our standard of living, and enrich those who create new and useful works. But it is not necessarily true that current intellectual property laws always accomplish this. Nor is it so that everything under [...]...</small></li></ol>

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		<link>http://www.ipwatchdog.com/2009/11/03/honorable-mention-nanobots-%e2%80%93-an-invention-of-the-future/id=7128/</link>
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		<title>District Court Rules ACLU Gene Patent Challenge May Proceed</title>
		<description><![CDATA[In one of the worst opinions I have ever read from any federal court, the United States District Court for the Southern District of New York ruled earlier today that the ACLU challenge against the Myriad Genetics patents and the United States Patent and Trademark Office for issuing patents can proceed.  Procedurally the posture [...]


Related posts:<ol><li><a href='http://www.ipwatchdog.com/2009/10/08/uspto-agrees-to-withdraw-claims-continuations-rules/id=6485/' rel='bookmark' title='Permanent Link: USPTO Agrees to Withdraw Claims &#038; Continuations Rules'>USPTO Agrees to Withdraw Claims &#038; Continuations Rules</a><small> PRESS RELEASE: GlaxoSmithKline (NYSE: GSK) today announced that it has reached agreement with the United States Patent and Trademark Office (USPTO) to join the USPTO&#8217;s motion to dismiss its litigation over Final Regulations published in August 2007 (Triantafyllos Tafas and SmithKline Beecham Corporation, SmithKline Beecham PLC and Glaxo Group Limited vs. David J. Kappos and the [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/11/03/fired-up-challenging-the-constitutionality-of-the-patent-act/id=7144/' rel='bookmark' title='Permanent Link: Fired Up: Challenging the Constitutionality of the Patent Act'>Fired Up: Challenging the Constitutionality of the Patent Act</a><small>The Plaintiffs allege that because human genes should not be patented.  Hardly something that anyone can argue.  The only trouble is that this is not what the US Patent Office allows, and it is not what Myriad Genetics has been granted a patent on.  Nevertheless, the frivolous ACLU lawsuit that seeks to use the US [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/07/06/federal-circuit-to-rehear-tafas-and-gsk-v-doll/id=4508/' rel='bookmark' title='Permanent Link: Federal Circuit to Rehear Tafas and GSK v. Doll'>Federal Circuit to Rehear Tafas and GSK v. Doll</a><small>On Monday, July 6, 2009, the United States Court of Appeals for the Federal Circuit (minus Judge Lourie who did not participate in the poll of judges) decided to rehear the claims and continuations rule challenge of Tafas and GlaxoSmithKline en banc.  Additionally, the CAFC has vacated the panel decision that awarded a victory to [...]...</small></li></ol>

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		<link>http://www.ipwatchdog.com/2009/11/02/district-court-rules-aclu-gene-patent-challenge-may-proceed/id=7115/</link>
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		<title>Rest in Peace Friend: Robert H. Rines, 1922 &#8211; 2009</title>
		<description><![CDATA[It is with great sadness that I am writing to inform that Robert H. Rines passed away on Sunday, November 1, 2009.  Bob was a patent lawyer, an inventor and the founder of Franklin Pierce Law Center, where I received both my JD and LL.M. degrees.  He was a fierce advocate for independent inventors, a [...]


Related posts:<ol><li><a href='http://www.ipwatchdog.com/2009/03/18/inventors-hall-of-fame-moves-to-uspto/id=2197/' rel='bookmark' title='Permanent Link: Inventors Hall of Fame Moves to USPTO'>Inventors Hall of Fame Moves to USPTO</a><small>The United States Patent and Trademark Office (USPTO) has announced the opening of the National Inventors Hall of Fame in the museum of its Alexandria, Va., campus. The Hall of Fame honors and encourages the men and women responsible for the great technological advances that make human, social and economic progress possible. The Hall of [...]...</small></li></ol>

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		<link>http://www.ipwatchdog.com/2009/11/02/rest-in-peace-friend-robert-h-rines-1922-2009/id=7097/</link>
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		<title>Quinn and Koepsell Discuss Gene Patents on GritTV</title>
		<description><![CDATA[Last Monday, October 26, 2009, I had the opportunity to discuss gene patents on GritTV with host Laura Flanders.  I appeared on the show via Skype video along with David Koepsell, the author of Who Owns You? , who was in the studio.  I was supposed to be in New York City with [...]


Related posts:<ol><li><a href='http://www.ipwatchdog.com/2009/11/04/gene-quinn-declared-patent-twit-of-the-week/id=7161/' rel='bookmark' title='Permanent Link: Gene Quinn Declared Patent Twit of the Week'>Gene Quinn Declared Patent Twit of the Week</a><small>I just so happened to stumble across an interesting article declaring me Patent Twit of the Week.  Normally one would not be proud of being declared a &#8220;twit,&#8221; but I have to say that I am enormously proud of this recognition.  It seems that The Center for a Stateless Society has declared me a patent [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/06/22/setting-the-record-straight-on-gene-patents/id=4202/' rel='bookmark' title='Permanent Link: Setting the Record Straight on Gene Patents'>Setting the Record Straight on Gene Patents</a><small>On Wednesday, June 17, 2009, while I was on the road in Boston teaching the PLI Patent Bar Review Course I was invited to chat with David Gleason, the host of State of the Nation, which is a radio talk show that airs in South Africa.  It seems that Mr. Gleason and his staff were [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/06/17/the-history-of-gene-patents-part-i/id=4161/' rel='bookmark' title='Permanent Link: The History of Gene Patents Part I'>The History of Gene Patents Part I</a><small>First, let me say that it is really a complete misnomer to refer to &#8220;gene patents&#8221; because despite what the popular press may write, and perhaps believe, genes are not patented.  Nevertheless, I will cave into the masses and concede (at least for now) the linguistic high ground and refer to gene-related innovations that are [...]...</small></li></ol>

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		<link>http://www.ipwatchdog.com/2009/11/02/quinn-and-koepsell-discuss-gene-patents-on-grittv/id=7087/</link>
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		<title>Choosing The Right Corporate Structure For Your Business</title>
		<description><![CDATA[In recent years the Limited Liability Company, which is typically referred to simply as an LLC, has become the darling of entrepreneurs and small businesses around the country. But the LLC is not always the best choice. Sometimes a Subchapter S corporation or another structure is preferable. This article helps you choose the right structure [...]


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		<link>http://www.ipwatchdog.com/2009/11/02/choosing-the-right-corporate-structure-for-your-business/id=7074/</link>
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		<title>History of Software Patents III: In re Alappat</title>
		<description><![CDATA[On October 30, 2008, the United States Court of Appeals for the Federal Circuit issued a landmark decision in In re Bilski. The United States Supreme Court has accepted the Bilski case and will hold oral arguments on Monday, November 9, 2009.  My plan is to be present for the oral arguments, and I [...]


Related posts:<ol><li><a href='http://www.ipwatchdog.com/2009/11/04/bilski-eyewitness-report-and-expert-analysis/id=7150/' rel='bookmark' title='Permanent Link: Bilski: Eyewitness Report and Expert Analysis'>Bilski: Eyewitness Report and Expert Analysis</a><small>n Monday, November 9, 2009, the United States Supreme Court will hear oral arguments in the much anticipated Bilski case, which could well decide once and for all whether business methods and software remain patentable in the United States. I will be in attendance at the oral argument, which will take place after a [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/01/24/the-history-of-software-patents/id=1772/' rel='bookmark' title='Permanent Link: The History of Software Patents'>The History of Software Patents</a><small>Since the United States Supreme Court first addressed the patentability of computer software in Gottschalk v. Benson the law surrounding the patentability of software has changed considerably, leaving many to wonder whether software is patentable at all. Originally in Benson, the Supreme Court decided that software was not patentable, but then later retracted the blanket [...]...</small></li><li><a href='http://www.ipwatchdog.com/2009/04/01/history-of-software-patents-arrhythmia-research/id=2399/' rel='bookmark' title='Permanent Link: History of Software Patents II: Arrhythmia Research'>History of Software Patents II: Arrhythmia Research</a><small>On October 30, 2008, the United States Court of Appeals for the Federal Circuit issued a landmark decision in In re Bilski.  As those who read IPWatchdog.com regularly know, it is my belief that software should be patentable subject matter, and patenting software is not the same as patenting math.  Notwithstanding, that there are a good [...]...</small></li></ol>

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		<link>http://www.ipwatchdog.com/2009/11/01/history-of-software-patents-iii-in-re-alappat/id=7059/</link>
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