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November 2014: About Microsoft’s patent licence for .NET core

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Professional Technology in Kent provide high quality Legal Software and Legal Technology Systems throughout the UK. Call (044) 1634 815517 for more information. We transform the technology space by unlocking your limits, unleashing the potentials into results for a promising tomorrow by enhancing client relation. Thus, to exclude software from patentability, we have to argue that software is outside the legal definition of 'fields of technology'.

That some ideas are 'technical' or come from a 'field of technology', is an idea mentioned in TRIPS and further detailed in Europe / the European Patent Office.

[edit]In TRIPS

See: TRIPS

Article 27 of the TRIPS agreement requires that patents be available 'in all fields of technology'. Thus, to exclude software from patentability, we have to argue that software is outside the legal definition of 'fields of technology'.

This is true because article 10 of TRIPS defines software as a literary work. Books are not a 'technology', so neither is software.

[edit]USA judge commentary

[edit]Court of Appeals for the Federal Circuit

In the USA, the CAFC discussed the idea of using the term 'technology' during the in re Bilski ruling: Split 2016 english torrent download torrent.

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The majority refuses to inject a technology requirement into the section 101 analysis because it believes that the terms “technological arts” and “technology” are “ambiguous.” See ante at 21.
[..]
As discussed more fully in section III, a claimed process is technological to the extent it applies laws of nature to new ends. See Benson, 409 U.S. at 67 (“‘If there is to be invention from . . . a discovery, it must come from the application of the law of nature to a new and useful end.’” (quoting Funk Bros., 333 U.S. at 130))

Full ruling: http://www.cafc.uscourts.gov/opinions/07-1130.pdf

[edit]Supreme Court

Use of the term was briefly discussed by the US Supreme Court at the November 9th hearing of Bilski v. Kappos (2009, USA).

See the transcript: http://news.swpat.org/2009/11/bilski-hearing-transcript/

[edit]Related pages on en.swpat.org

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Our staff have all dealt in this field for many years and will act in the role of advisors. They try, with the help of a specialist dealer network, to ensure that their clients understand and appreciate the benefits of modern technology, particularly with regard to the management information that computers can provide so easily.

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