# Friday, 02 July 2010

I am not the number one fan of patent law, I tend to think that most of the law is outdated and needs review for the 21st century, but I do think that patents play a key role in fostering innovation. Without patents, we will have less innovation.

It gave me great pleasure to see the US Supreme Court rule against expanding patent law to so called “business method claims.” In the case, Bilski v. Kappos, Bilski tried to patent a “business process.” He did not invent anything, just a creative way to hedge commodities. Luckily for us, the court’s finding this week was that Bilski’s patent was not valid.

Some will say that the court has to “get with the 21st century” and in some issues that criticism is correct, however, in Bilski v. Kappos, the court made the right decision. For example I could go and patent my implementation of Scrum since it is a business process and then turn around an sue all of you since I think you are using it. Clearly, we did not need this.

Score one for the legal system protecting innovation.

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