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In their words: IBM states its argument in Bilski case

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This is a portion of IBM’s amicus brief in the Bilski case:

“IBM has firsthand knowledge of the critical role the patent laws have played over the last few decades in software and information technology research and development.

“This case presents the question whether a nontechnological business method is patentable subject matter. But the Federal Circuit’s opinion has needlessly created confusion regarding the patentability of software—the computer-readable code embodying functionality in virtually every modern information technology system or device.

“Software is the means by which we use our computers to do word processing, send email and surf the Web; it enables our cellphones to connect to wireless networks; it allows air traffic controllers to safely schedule the arrival and departure of flights; and it permits physicians to diagnose and treat illnesses. Software is, in short, a fundamental, and increasingly indispensable, technological innovation.

“In the months since the Federal Circuit issued its opinion, and to IBM’s great concern, a number of administrative and judicial decisions have rigidly applied the “machine or transformation” test to question—in some cases explicitly—the patentability of software per se. Software technology is vital in addressing society’s most pressing challenges. IBM is committed to ensuring that such technology is and remains patentable.”
 

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