In its ruling, the court decided against the patent only because the idea was too abstract. Law professor Michael Meurer of Boston University gives a famous example from physics. It involves the relationship of energy, mass and the speed of light, written as the letter c.
MICHAEL MEURER: "The Supreme Court has said, for example, if Albert Einstein determined that E = mc squared -- which he did -- he never would have been able to get a patent on that. That’s too abstract."
In the Bilski case, the court said patent examiners could consider what is known as the machine-or-transformation test. This is the idea that a patent should be given to a machine or something that creates a material change, like a chemical process.
But a majority of justices said patent examiners must also protect innovation. Patent lawyer Meredith Martin Addy says no one wants to suppress creativity.
MEREDITH MARTIN ADDY: "You can have that test, but it can’t be an exclusive test because of the nature of the patent laws which are to protect new and unknown inventions."
Now, more cases will be needed to define the legal limits of business method patents. Such patents already exist. In March, for example, after re-examination, Amazon.com received a patent for its one-click ordering process.
And that’s the VOA Special English Health Report, written by Mario Ritter. I’m Steve Ember.
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2013-11-25
2013-11-25
2013-11-25
2013-11-25
2013-11-25
2013-11-25