Supreme Court Case Could Change Patenting and Prosecution of Medical Software Patents
I am awaiting my red-eye flight back home to Fort Lauderdale, Florida, after attending the 2nd Annual Medical Device Patenting Conference in San Francisco. It was a great conference on patenting with an emphasis on medical devices, software, and processes.
There were a number of in-house and outside attorneys that focus their practices on the patenting of medical devices. A lot of ground was covered over the two day conference.
One of the highlights for me was the opportunity to hear attorney Michael Jakes and his take on the Bilski case before the Supreme Court on the patentability of business methods. For the non-patent attorneys out there, the Supreme Court recently heard oral arguments on the patentability of business methods and processes and Michael Jakes is the attorney that filed the brief seeking certiori and argued before the Supreme Court on behalf of Bilski. The Supreme Court has not made a final decision as of yet. This decision will have a major impact on the patentability of medical software, methods, and processes.
A summary of the procedural history and background of the Bilski case is available on Wikipedia and you can link to it from here.