I’ve got an in-depth discussion of last week’s In Re Bilski case up at Ars Technica.
One of my favorite things about writing for Ars is their knack for coming up with amusing illustrations for longer articles. You can see their handywork over on the right there.
I discuss the parties in the case, the judges’ questions, and speculate on the likely outcome. My prediction is that the Federal Circuit will make some relatively minor changes that rein in the patenting of abstract concepts on the margin but basically leave the problem unresolved. The big open question is whether the Supreme Court will be interested enough to take it, and if so whether they’ll have the stomach to make the significant changes that are needed. We know Justice Stevens is, and a couple of other justices have made comments suggesting that the patentability of software is at least an open question in their minds, so there’s some reason for hope.
Also, I forgot to link to it last week, but I did a Cato Daily Podcast on the day Bilski was argued.
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