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More on tax patents

November 03, 2008

Brett Trout updates his thoughts on the future of "business process" patents, a category that includes tax strategy patents, in light of the recent Federal Circuit in re Bilski decision:

There will certainly be lots more to come, but for right now, I am sticking to my guns. I predict that post-Bilski the term “Business Method Patent” will be reserved for accused infringers making pejorative jabs at “naked” business method patents. Business method patent protection will still exist, but only in conjunction with something tangible and/or the transformation of something tangible.

LawProf Linda Beale also has some thoughts.

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