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Is Arbitration Patentable?

0
by Victoria VanBuren

Tuesday, Feb 03, 2009


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It depends…
After yesterday’s post, full of legalese, I thought it might be fun to write something a little lighter today. On January 13, 2009, the U. S. Court of Appeals for the Federal Circuit decided Stephen W. Comiskey’s appeal relating to his patent application with the USPTO. Comiskey claimed a method and system for arbitration involving documents like wills or contracts. The court rejected the claims describing the way of conducting arbitration because they claimed an unpatentable mental process. The court, however, remanded the claims which could require the use of a machine, like a computer, as part of the arbitration system.

See also Patent Baristas for a review and analysis of the opinion.

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About Victoria VanBuren

Born and raised in Mexico, Victoria is a native Spanish speaker and a graduate of the Monterrey Institute of Technology (Instituto Tecnologico y de Estudios Superiores de Monterrey), or "the MIT of Latin America." She concentrated in physics and mathematics. Immediately after completing her work at the Institute, Victoria moved to Canada to study English and French. On her way back to Mexico, she landed in Dallas and managed to have her luggage lost at the airport. Charmed by the Texas hospitality, she decided to stay and made her way back to Austin, which she's adopted as home.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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