Method Patents Must be “Useful, Concrete, Tangible”—Oh, I don’t know!

The November 2008 Intellectual Property Colloquium discusses the recent In re Bilski patent decision by the CAFC. In that case, the court abandoned State Street‘s “useful, concrete and tangible result” test for the patentability of methods, and reaffirmed the “machine-or-transformation” test. Under this test, a method or process claim in a patent is patentable subject matter only if (a) it is tied to a particular machine or apparatus, or (b) it transforms a particular article into a different state or thing.

Why I Choose Low-Quality Healthcare

Allow government to decide levels of medical risk — to socialize personal risk — and healthcare follows the same path of any socialized sector of the economy. This is apodictically true. We are acting individuals with our own preferences. We are not automatons seeking to conform to an imposed definition of quality. Though the government may appear to be the safe solution, it is the siren enticing us onto the rocks.

A Free-Market Monetary System

If we ever again are going to have a decent money, it will not come from government: it will be issued by private enterprise, because providing the public with good money which it can trust and use can not only be an extremely profitable business; it imposes on the issuer a discipline to which the government has never been and cannot be subject.... The monopoly of government of issuing money has not only deprived us of good money but has also deprived us of the only process by which we can find out what would be good money.

Did the Fed, or Asian Saving, Cause the Housing Bubble?

Just about the only good thing to come out of the housing bubble is that many financial analysts see the virtue of the Austrian theory of the business cycle. Greenspan did his best to blame deregulation and foreigners who saved too much, but many people now think that the Maestro’s ultra-low interest rates in the wake of the dot-com crash may very well have sowed the seeds for our current crisis.

Yet Another GM Bailout

If the government does bail out GM, it will not be the last time. Even if the government gives GM a check every week, there will come a time that no amount of government money will be enough to save them. What is the best solution? In a word - bankruptcy. By filing for bankruptcy protection, GM can escape from the death grip that the UAW has on the business.

Slash and Burn

There is more talk about another stimulus package to help save the economy. A package that includes extended unemployment benefits, food stamps, and another tax rebate check will pass in a forthcoming lame duck session of Congress. All of these remedies actually make the patient sicker, but there is a way for Washington to really stimulate the economy.