Red Hat, Inc. recently filed an amicus brief in the Bilski vs. Kappos matter, urging the Supreme Court to uphold the Federal Circuit's "machine-or-transformation" test for software patents. A leading provider of open source software solutions, Red Hat argued that the proliferation of software patents has resulted in new and unknown risks of infringement that many inventors are not willing or financially able to take. Without the test's limitation on the scope of patentable subject matter, software patents will stifle innovation due to the sheer number of patents granted and the vague boundaries existing in software patent claims. Bilski v. Kappos is set for oral argument before the Supreme Court on November 9.
Red Hat's amicus brief is available by clicking here
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