First, for ease of reference, here are the two patents, in full (US Pat. Nos. 7,995,717, and 8,094,803) -- as well as a copy of the Mattersight presser touting the same.To be sure, most learned observers would deem the announcement. . . yawn-inducing. Why? Well, because the patents -- on the behavioral analytics methods Mr. Conway's company employs -- are what are known in the trade as "business method patents".
As many observers have suggested, after Bilski v. Kappos 561 U.S. ___, 130 S. Ct. 3218, 177 L. Ed. 2d 792, 95 U.S.P.Q.2d 1001, 2010 ILRC 2097, 30 ILRD 8 (2010), the Supreme Court was one vote shy of killing business method patents, altogether. And, starting this fall, the USPTO will allow a newly-expedited post-issuance review process, for the purpose of modifying, narrowing and/or invalidating such business method patents.
There is real concern that such patents don't really embody inventions, at all.
So,as my graphic suggests. . . the two patents Kelly Conway, et al. -- on behalf of Mattersight -- were issued. . . matter, but only slightly.
No comments:
Post a Comment