In re Bilski에서 만난 ‘숲과 나무’論
Seeing the Industrial Progress(Forest) for the Patentable Subject Matter(Tree) through In re Bilski
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참고문헌
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초록
The newly emerging technologies have been expanding the scope of the patentable subject matter. An article that is remarkable is the business method based on the information technology(IT) since 1980s. For many years, the method of doing business has been not patentable. However the patent on computer implemented methods for doing business was granted in the State Street Bank v. Signature Financial Group(1998). The business method patent(BM Patent) is a class of process patents which are methods of doing business such as electronic commerce,online banking, electronic learning and so on. At the beginning, BM Patents were relatively so unrestrained that could build a great paved road of IT industry, focused on for the last two decades. Nonetheless,the pro-patent policy of the Reagan Administration and the grant of BM Patent have been highly contentious. In re Bilski of United States Court of Appeals for the Federal Circuit in 2008 was a decision on the applicable test to the business method,which stated as the machine-or-transformation test(MoT Test). De facto, this decision invalidated the test from State Street Bank v. Signature Financial Group, and is open a complicated world of the process patent arena. If the MoT Test is applicable to the other inventions such as claims to medical(or treatment) methods, there will be a deep impact from the previous implication of the patentable subject-matter. This article concerns the legal theory and policy with respect to the process patent that seeing the industrial progress(or national wealth from innovation) for patentable subject-matter through Bilski case, as the former is forest, and the latter tree.
Abstract
The newly emerging technologies have been expanding the scope of the patentable subject matter. An article that is remarkable is the business method based on the information technology(IT) since 1980s. For many years, the method of doing business has been not patentable. However the patent on computer implemented methods for doing business was granted in the State Street Bank v. Signature Financial Group(1998). The business method patent(BM Patent) is a class of process patents which are methods of doing business such as electronic commerce,online banking, electronic learning and so on. At the beginning, BM Patents were relatively so unrestrained that could build a great paved road of IT industry, focused on for the last two decades. Nonetheless,the pro-patent policy of the Reagan Administration and the grant of BM Patent have been highly contentious. In re Bilski of United States Court of Appeals for the Federal Circuit in 2008 was a decision on the applicable test to the business method,which stated as the machine-or-transformation test(MoT Test). De facto, this decision invalidated the test from State Street Bank v. Signature Financial Group, and is open a complicated world of the process patent arena. If the MoT Test is applicable to the other inventions such as claims to medical(or treatment) methods, there will be a deep impact from the previous implication of the patentable subject-matter. This article concerns the legal theory and policy with respect to the process patent that seeing the industrial progress(or national wealth from innovation) for patentable subject-matter through Bilski case, as the former is forest, and the latter tree.
참고문헌 (12)
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- MJ Edwards, "The Implications of Bilski:Patentable Subject Matter", IDEA, 49, pp.411~ (2009)
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