When the Supreme Court declined to speak to software patenting in the Bilski case, there was wailing and gnashing of teeth in the open source software world. The new Bilski test for patentable subject matter looked at first like the status quo for software patentability. But, being the sort of person who tries to check clouds for a possible silver lining, I noted a possibility that courts and the Board of Patent Appeals and Interferences would read the test to invalidate some software patents.
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