VOA慢速英语2010年-Economics Report - Inventors Given Hop

This is the VOA Special English Economics Report.

Recently, the United States Supreme¹ Court decided² a case on the property rights of inventors. The question was whether a business method is enough of an invention to receive a patent. Patents are a form of intellectual property. They give legal protections to individuals and companies against the copying of their inventions.

Bernard Bilski and Rand Warsaw wanted to patent a method to let traders protect against the risk of price changes in energy markets. The United States Patent and Trademark³ Office said no.

So the inventors went to court. Again they were told no. Finally, the case went all the way to the Supreme Court. Last month, all nine justices said no.

But they only said no to a patent in this case. Patent lawyer Meredith Martin Addy in Chicago explains that the court ruled narrowly.

MEREDITH MARTIN ADDY: "The Supreme Court held that there is no categorical rule denying patent protection for business method patents."

When patent laws were first developed, most patents were for machines. But since the late nineteen nineties, inventors of business methods and processes have increasingly sought patent protection.

Rand Warsaw discussing his Supreme Court case at his offices in Pittsburgh, Pennsylvania last year

Technology companies, especially software makers⁴, watched the case closely. They were concerned that the Supreme Court would require a test of some kind that could limit what can be patented.

In its ruling, the court decided against the patent only because the idea was too abstract. Law professor Michael Meurer of Boston University gives a famous example from physics. It involves the relationship of energy, mass and the speed of light, written as the letter c.

MICHAEL MEURER: "The Supreme Court has said, for example, if Albert Einstein determined⁵ that E = mc squared -- which he did -- he never would have been able to get a patent on that. That’s too abstract."

In the Bilski case, the court said patent examiners could consider what is known as the machine-or-transformation test. This is the idea that a patent should be given to a machine or something that creates a material change, like a chemical process.

But a majority of justices said patent examiners must also protect innovation. Patent lawyer Meredith Martin Addy says no one wants to suppress creativity.

MEREDITH MARTIN ADDY: "You can have that test, but it can’t be an exclusive test because of the nature of the patent laws which are to protect new and unknown inventions."

Now, more cases will be needed to define the legal limits of business method patents. Such patents already exist. In March, for example, after re-examination, Amazon.com received a patent for its one-click ordering process.

And that’s the VOA Special English Health Report, written by Mario Ritter. I’m Steve Ember
 

1 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

2 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

3 trademark   

n.商标；特征；vt.注册的…商标

参考例句：

• The trademark is registered on the book of the Patent Office.该商标已在专利局登记注册。
• The trademark of the pen was changed.这钢笔的商标改了。

4 makers   

n.制造者，制造商（maker的复数形式）

参考例句：

• The makers of the product assured us that there had been no sacrifice of quality. 这一产品的制造商向我们保证说他们没有牺牲质量。
• The makers are about to launch out a new product. 制造商们马上要生产一种新产品。 来自《简明英汉词典》

5 determined   

adj.坚定的；有决心的

参考例句：

• I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
• He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。