"End Software Patents (ESP) has filed an amicus curiae brief in the Court of Appeals for the Federal Circuit's (CAFC) rehearing of the In re Bilski case. The rehearing could lead to the elimination of patents on software.

FSF has now filed an amicus brief in Bilski, and they too ask the Supreme Court "to affirm that software ideas are not patentable":End Software Patents (ESP) executive director Ciaran O'Riordan explained, "Every software patent is a restriction on software developers and users of computers, and there are currently 200,000 software patents in the USA.

This interview is part of a series following the Supreme Court's Bilski decision, which left the laws on what you can get a patent on largely as they are, after a four-justice minority failed to ban "business method" patents.

Patent Absurdity explores the case of software patents and the history of judicial activism that led to their rise, and the harm being done to software developers and the wider economy. The film is based on a series of interviews conducted during the Supreme Court's review of in re Bilski — a case that could have profound implications for the patenting of software.

When the Supreme Court heard the Bilski case earlier this year, it ruled that the specific business method patent at issue in the case was invalid and contended that the patentability of intangible methods should be reduced but not eliminated. The court declined to provide clarity on the scope of software patentability, however, which leaves a lot of important questions unanswered.

Early reports suggest that judges are hostile towards abstract patents like Bilski's

Summary/roundup of posts about Bilski, in relation to software patents in particular

Apple sued for patent infringement, the patent system could be overhauled, and In Re Bilski eliminates some more patents

An analysis by End Software Patents of what the Judges' statements at Monday's Bilski hearing say about patenting software ideas.