2010年考研英语 阅读真题 第2篇: A Pending Threat to Patents | 考研英语阅读真题
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Over the past decade, thousands of patents have been granted for what are called business methods.
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Amazon. com received one for its "one-click" online payment system.
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Merrill Lynch got legal protection for an asset allocation strategy.
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Now the nation's top patent court appears completely ready to scale back on business-method patents, which have been controversial ever since they were first authorized 10 years ago.
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One inventor patented a technique for lifting a box.
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In a move that has intellectual-property lawyers abuzz the U. S. court of Appeals for the federal circuit said it would use a particular case to conduct a broad review of business-method patents.
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It "has the potential to eliminate an entire class of patents."
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Curbs on business-method claims would be a dramatic about-face, because it was the federal circuit itself that introduced such patents with is 1998 decision in the so-called state Street Bank case, approving a patent on a way of pooling mutual-fund assets.
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In re Bilski, as the case is known, is "a very big deal", says Dennis D. Crouch of the University of Missouri School of law.
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2010年考研英语 阅读真题 第2篇: A Pending Threat to Patents | 考研英语阅读真题
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That ruling produced an explosion in business-method patent filings, initially by emerging internet companies trying to stake out exclusive rights to specific types of online transactions.
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In 2005, IBM noted in a court filing that it had been issued more than 300 business-method patents despite the fact that it questioned the legal basis for granting them.
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Similarly, some Wall Street investment firms armed themselves with patents for financial products, even as they took positions in court cases opposing the practice.
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Later, more established companies raced to add such patents to their files, if only as a defensive move against rivals that might beat them to the punch.
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The Federal circuit issued an unusual order stating that the case would be heard by all 12 of the court's judges, rather than a typical panel of three,
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and that one issue it wants to evaluate is whether it should "reconsider" its State Street Bank ruling.
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The Bilski case involves a claimed patent on a method for hedging risk in the energy market.
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2010年考研英语 阅读真题 第2篇: A Pending Threat to Patents | 考研英语阅读真题
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The judges on the Federal circuit are "reacting to the anti-patent trend at the Supreme Court", says Harold C. Wegner, a patent attorney and professor at George Washington University Law School.
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Last April, for example the justices signaled that too many patents were being upheld for "inventions" that are obvious.
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The Federal Circuit's action comes in the wake of a series of recent decisions by the supreme Court that has narrowed the scope of protections for patent holders.
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