Posts in Software Patent Basics


How patent troll rhetoric has wrecked the U.S. patent system

The pressure to adhere to the patent troll rhetoric was difficult for people to grasp if they don’t live within Silicon Valley, Causevic noted. He noted …
By Steve Brachmann
4 months ago 24

Michelle Lee’s views on patent quality out of touch with reality facing patent applicants

In the piece, Lee tries her best to assure readers that positive developments have been made at the USPTO in recent years, but at multiple points she …
By Gene Quinn & Steve Brachmann
8 months ago 40

A Guide to Software Patent Eligibility at the Federal Circuit

The Alice/Mayo framework is the decisional approach adopted by the United States Supreme Court for determining whether a patent claim exhibits, such as software patent claims, …
By Gene Quinn
10 months ago 13

How to Patent Software in a Post Alice Era

In a nutshell, if you are going to write a patent application in such a way that at the end of the it the reader is left …
By Gene Quinn
10 months ago 13

The Business of IP: Choosing Between Patents and Trade Secrets

In the field of Intellectual Property (IP) attorneys have options when counseling clients on how to protect their IP. However, these options remain subject to constant forces …
By Derek Handova
1 year ago 0

Defeating Alice with Data

Several questions every patent attorney should be asking before responding to an Alice rejection are: (1) How many Alice rejections has the examiner issued? (2) What does he or …
By James Cosgrove
2 years ago 22

First mover advantage, a false premise in software innovation

The first mover storyline also provides a false narrative because it is flat wrong from the customer perspective as well. Simply stated, the first mover myth ignores …

Protecting IP in an Agile Software Development Environment

Over the last decade, there has been a movement among the software developer community to employ some form of “agile development” rather than the traditional software development …

Best Practices for Drafting Software Patent Applications post-Alice

Don't be afraid to make the technical disclosure long, dense and difficult to read, at least for those without technical training. In my opinion one of the …
By Gene Quinn
2 years ago 12

Software Patent Eligibility: Where is the Industry Heading?

''There should be no serious question that computer-implemented inventions such as software constitute patent-eligible subject matter under § 101,'' Paul Clement wrote in a brief filed on behalf …
By Gene Quinn
2 years ago 2

It makes no sense for an algorithm to be unpatentable simply because it is implemented in software

KAPPOS: "Back when I was an engineer we saw it in mainframe computers where you’d make an invention and frequently initially the software wasn’t fast …
By Gene Quinn
2 years ago 50

The Case for Software Patentability, An Interview with David Kappos

KAPPOS: ''Companies like Microsoft and Apple and GE -- all of whom are members [of the Partnership for American Innovation] along with IBM, Ford, DuPont and Pfizer …
By Gene Quinn
2 years ago 10

Software Patents and Murphy’s Law: Uncertainty is Where Patentability Resides

It is not as easy to get software patents as it once was, but software is still patent eligible in the United States. Broadly speaking, software patents …
By Gene Quinn
2 years ago 0

Patenting business methods and software still requires concrete and tangible descriptions

The key to obtaining a software patent is to thoroughly describe the system and processes from a technological level. As to Judge Chen explained in DDR Holdings, …
By Gene Quinn
2 years ago 0

Writing software is easy, but writing good software is very difficult

On January 20, 2015, I interviewed Fatih Ozluturk, a prolific inventor who has close to 200 patents to his credit and a similar number of patent applications still pending. His …
By Gene Quinn
3 years ago 9