Author name: J. Sai Deepak

“Bilski Ruling: A Victory on the Path to ending software Patents” reads a short stub on the Bilski decision on the site of Free Software Foundation. As pointed out earlier, the Bilski judgment was expected to deal with patentability of softwares also, but what is surprising is that the word “software” finds mention hardly 2-3 times in the 71-page judgment (twice on internal page 9 and once in footnote 40 on internal page 31). On page 9, Justice Kennedy observes

In the last post, we dealt with Justice Stevens’ opinion; in this final post on the Bilski decision, we discuss Justice Breyer’s opinion. Justice Breyer’s Opinion Justice Breyer begins his opinion by concurring with Justice Stevens that the Bilski application must be rejected on grounds of claiming a business method since a business method is not a patentable process within the meaning of “process” under Section 101. He then states that the purpose of his opinion is to summarise the

In the last post, we had undertaken analysis of Justice Kennedy’s opinion in the Bilski decision. In this post and the next, we discuss Justice Stevens’ and Justice Breyer’s opinions. Justice Stevens’ Opinion Justice Stevens concurs with the conclusion of Justice Kennedy, but differs with the logic applied to reach it. He disagrees with Kennedy .J, in that he is of the view that merely because a series of steps are specific and not abstract, the steps do not constitute