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Author Topic: iphone apps and Bilksi  (Read 698 times)

pnlt

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iphone apps and Bilksi
« on: 06-06-11 at 10:18 pm »

Although some iphones apps are obviously patentable, it seems that many may not rise to the level of passing the machine or transformation test (understand that is no longer an absolute requirement - but a good starting place).  For instance, an app that receives inputs from some of the various sensors on the iphone, processes them through and algorithm and displays an output on the GUI based on the processing of the signals.  Does that satisfy the machine or transformation threshold? I say no, maybe copyrightable, but not patentable.  Would like to hear what others think.
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JimIvey

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Re: iphone apps and Bilksi
« Reply #1 on: 06-07-11 at 12:51 pm »

I've been getting patents for computer-implemented inventions for about 20 years now and I don't seen anything in Bilski or anything else that distinguishes smartphones from larger computer platforms.

These forums are full of strategies for claiming computer-implemented in ways to satisfy Bilski and the rest of 101 case law.  They are all equally applicable to smart phones.

Regards.
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James D. Ivey
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khazzah

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Re: iphone apps and Bilksi
« Reply #2 on: 06-07-11 at 02:49 pm »

... I don't seen anything in Bilski or anything else that distinguishes smartphones from larger computer platforms.

Agreed. Well put, Jim.

Does that satisfy the machine or transformation threshold?

Depends on which Examiner you get. Patents are issuing every week with claims directed to software that receives input, processes it and produces an output. It's also true that almost identical claims are being rejected every week.
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Karen Hazzah
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Isaac

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Re: iphone apps and Bilksi
« Reply #3 on: 06-09-11 at 10:57 am »

For instance, an app that receives inputs from some of the various sensors on the iphone, processes them through and algorithm and displays an output on the GUI based on the processing of the signals.  Does that satisfy the machine or transformation threshold? I say no, maybe copyrightable, but not patentable.  Would like to hear what others think.

Nothing inherent about the IPhone prevents patentability; this kind of application might be executed on many types of computer.   Further, the sensors on an Iphone sound a lot like machine components to me.

The software could certainly be protected by copyright.


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Isaac
 



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