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February 27, 2012
Abstracting Real Property
In Fort Properties v.
American Master Lease (CAFC 2009-1242;
precedential), the CAFC affirmed a district court finding that
6,292,788
was invalid for violating §101.
'788 claimed methods for real estate transactions without incurring tax
liability. Ties to tangible "commodities and money" were
"insufficient." "The physical activities involving the deeds,
contracts, and real property are insufficient to render these claims
patentable." The court generally declares "investment tools" "an
abstract concept," and so unpatentable.
Financial institutions of every stripe applaud this confiscation of invention that they consider quite tangible, and very profitable. That "deeds, contracts, and real property" are abstractions has no merit in law otherwise. Arguing that outside of patent cases would only get a laugh.
Posted by Patent Hawk at February 27, 2012 3:42 PM | § 101