Tuesday, March 06, 2012

IP: Revenge of the Humans—Defending Business Method Patents

From last August Inside Counsel:
"If you can practice the claimed method without the claimed machine, then the claimed machine is irrelevant and the claimed method isn’t patentable." ... "The next time your company stares down the barrel of a software or business method patent, ask if the claimed method can be performed by a human being without the claimed machine. You might need to be a Kasparov to do it, but that’s still checkmate against the plaintiff"

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