http://www.aicpa.org/Press/PressRelease ... tents.aspx
See also: Bill Summary and Status, Library of Congress, ''Leahy-Smith America Invents Act'', H.R. 1249; passed U.S. House of Representatives on June 23, 2011; passed U.S. Senate on Sept. 8, 2011, at:
http://thomas.loc.gov/cgi-bin/bdquery/z ... 01249:@@@X
Subsection (a) of section 14 of the Act provides (in part):
For purposes of evaluating an invention under section 102 or 103 of title 35, United States Code, any strategy for reducing, avoiding, or deferring tax liability, whether known or unknown at the time of the invention or application for patent, shall be deemed insufficient to differentiate a claimed invention from the prior art.
Subsection (b) of section 14 provides (in part):
For purposes of this section, the term "tax liability" refers to any liability for a tax under any Federal, State, or local law, or the law of any foreign jurisdiction, including any statute, rule, regulation, or ordinance that levies, imposes, or assesses such tax liability.
Subsection (c) of section 14 provides (in part):
This section does not apply to that part of an invention that [ . . .] is a method, apparatus, technology, computer program product, or system, that is used solely for preparing a tax or information return or other tax filing, including one that records, transmits, transfers, or organizes data related to such filing.....
Subsection (e) of section 14 of the Act provides that the tax patent prohibition takes effect on the date of the enactment (generally, the date the Act is signed into law by the President) and that it will apply "to any patent application that is pending on, or filed on or after, that date, and to any patent that is issued on or after that date."
The subject of tax patents has been controversial for some time now. I don't know what the President's position is on the bill, but I assume he will probably sign it into law.