English 中文网 漫画网 爱新闻iNews 翻译论坛
中国网站品牌栏目(频道)
当前位置: Language Tips> Audio & Video> 新闻播报> Special Speed News VOA慢速

Inventors given hope on business method patents

[ 2010-07-19 15:22]     字号 [] [] []  
免费订阅30天China Daily双语新闻手机报:移动用户编辑短信CD至106580009009

Inventors given hope on business method patents

Rand Warsaw discussing his case at his offices in Pittsburgh, Pennsylvania last year.

This is the VOA Special English Economics Report.

Recently, the United States Supreme Court decided a case on the property rights of inventors. The question was whether a business method is enough of an invention to receive a patent. Patents are a form of intellectual property. They give legal protections to individuals and companies against the copying of their inventions.

Bernard Bilski and Rand Warsaw wanted to patent a method to let traders protect against the risk of price changes in energy markets. The United States Patent and Trademark Office said no.

So the inventors went to court. Again they were told no. Finally, the case went all the way to the Supreme Court. Last month, all nine justices said no.

But they only said no to a patent in this case. Patent lawyer Meredith Martin Addy in Chicago explains that the court ruled narrowly.

MEREDITH MARTIN ADDY: "The Supreme Court held that there is no categorical rule denying patent protection for business method patents."

When patent laws were first developed, most patents were for machines. But since the late 1990s, inventors of business methods and processes have increasingly sought patent protection.

Technology companies, especially software makers, watched the case closely. They were concerned that the Supreme Court would require a test of some kind that could limit what can be patented.

In its ruling, the court decided against the patent only because the idea was too abstract. Law professor Michael Meurer of Boston University gives a famous example from physics. It involves the relationship of energy, mass and the speed of light, written as the letter c.

MICHAEL MEURER: "The Supreme Court has said, for example, if Albert Einstein determined that E = mc squared -- which he did -- he never would have been able to get a patent on that. That's too abstract."

In the Bilski case, the court said patent examiners could consider what is known as the machine-or-transformation test. This is the idea that a patent should be given to a machine or something that creates a change, like a chemical process.

But a majority of justices said patent examiners must also protect innovation. Patent lawyer Meredith Martin Addy says no one wants to suppress creativity.

MEREDITH MARTIN ADDY: "You can have that test, but it can't be an exclusive test because of the nature of the patent laws which are to protect new and unknown inventions."

Now, more cases will be needed to define the legal limits of business method patents. Such patents already exist. In March, for example, after re-examination, Amazon.com received a patent for its one-click ordering process.

And that's the VOA Special English Economics Report, written by Mario Ritter. I'm Steve Ember.

Related stories:

Obama looks for hope in exports to create jobs

Major economies caught in debate between debt and growth

Job market an extra hard test for new college graduates

Oil spill puts financial pressure on BP

(来源:VOA 编辑:陈丹妮)

 
中国日报网英语点津版权说明:凡注明来源为“中国日报网英语点津:XXX(署名)”的原创作品,除与中国日报网签署英语点津内容授权协议的网站外,其他任何网站或单位未经允许不得非法盗链、转载和使用,违者必究。如需使用,请与010-84883631联系;凡本网注明“来源:XXX(非英语点津)”的作品,均转载自其它媒体,目的在于传播更多信息,其他媒体如需转载,请与稿件来源方联系,如产生任何问题与本网无关;本网所发布的歌曲、电影片段,版权归原作者所有,仅供学习与研究,如果侵权,请提供版权证明,以便尽快删除。
 

关注和订阅

人气排行

翻译服务

中国日报网翻译工作室

我们提供:媒体、文化、财经法律等专业领域的中英互译服务
电话:010-84883468
邮件:translate@chinadaily.com.cn