[ffii] FFII and IP Justice file Bilski Amicus Brief to the U.S. Supreme Court

arebenti at ffii.org arebenti at ffii.org
Tue Oct 6 20:05:47 CEST 2009

PRESS RELEASE -- [ SCOTUS / Bilski / Patent]

FFII and IP Justice file Bilski Amicus Brief to the U.S. Supreme Court

Washington DC, 6 October 2009 -- The Foundation for a Free Informational
Infrastructure (FFII) and IP Justice filed an Amicus Curiae Brief to the
U.S. Supreme Court. The case Bilski v. Kappos is expected to become a
landmark ruling on the future of the U.S. patent system. The joint Brief
explains the interlink of software and business methods, and points out
alternatives to the so called Machine-or-Transformation test used for
categorizing patents.

Bilski v. Kappos, currently pending before the U.S. Supreme Court, is
considered the single most important decision worldwide on the issue of
patents on business methods, software and algorithms since the rejection
of the Software Patents Directive by the European Parliament.

"In Europe there still exists a myth of 'anything goes' as far as
patentability in the US is concerned, although the Supreme Court has laid
down rather strict rules on what is eligible subject matter -- and what is
not." says Laura Creighton, a Swedish entrepreneur.

"Software literally consists of abstract ideas", explains Dr. Peter
Gerwinski from the FFII Bilski Working Group. "We have asked the Supreme
Court to consider some practical realities and to formulate a test that
preserves the traditional exclusion of abstract ideas from the field of
patentable material."

FFII Secretary André Rebentisch highlights the transatlantic significance:
"It is a delicate challenge of the U.S. Supreme Court: to find an
applicable tests for patent examination of business methods. We lack a
definite yardstick, a 'quadrature of the patent'. We cannot wait to see
the Supreme Court's approach because it will shape the international
harmonization debate."


Brief of Amici Curiae: Foundation for a Free Information Infrastructure,
IP Justice, and four global software professionals and business leaders in
support of respondent.
* http://media.ffii.org/BilskiFFII/ACB_FFII.pdf

Wikipedia: Machine or Transformation Test
* http://en.wikipedia.org/wiki/Machine-or-transformation_test


Benjamin Henrion
 FFII Brussels Office
 +32-2-414 84 03
 bhenrion at ffii.org


The Foundation for a Free Information Infrastructure (FFII) e. V. is a
charitable association registered in Munich, Germany which is dedicated to
the spread of data processing literacy. It funds the development of public
information works based on copyright, free competition and open standards.
The FFII attained broad international recognition for its phrontistery
role in the European debate on a software patent directive (2002-2005) and
software-related patent reform.

IP Justice is an international California-based civil liberties
organization for the furthering of a balanced intellectual property law.

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