With patent reform seemingly on
the back burner yet again, Senator Leahy stands on the In re Bilski soap box to
rally supporters Monday, noting:
In Bilski v. Kappos [2010 U.S. LEXIS
5521 (U.S. June 28,
Court unanimously affirmed the judgment of the Federal Circuit that the
application for a patent on a business method should be rejected. The
Court's opinion, joined by only five of the Justices, however, needlessly left
the door open for business method patents to issue in the future, and I am
concerned that it will lead to more unnecessary litigation.
Since the debate over comprehensive
patent reform began many years ago, the Supreme Court has demonstrated an
increased interest in patent law cases. The Court's decisions have moved
in the direction of improving patent quality. While today's decision will
take time to analyze and may not have advanced the law and created the
stability and certainty that it could have, it appears to continue this trend,
which is consistent with the goal of patent reform legislation pending in
Congress. The courts, however, are constrained by the text of our
outdated statutes, and it is time for Congress to act.
Still, with summer recess
approaching, it is unlikely that we will see much in the way of progress on
S.515 until the fall.
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