Posts Tagged: computer software

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
10 months ago 0

Executable mathematics renders inventions physical! Welcome to the digital age

The use of a mathematical formula in a claim can trigger a 35 USC 101 rejection or invalidation of the patented claim. However, the role of mathematics in physics …
By Peter Lablans
11 months ago 64

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 …

IBM receives most U.S. patents for 23rd consecutive year

IBM once again has topped the list of annual U.S. patent recipients, receiving 7,355 patents in 2015. This is the 23rd consecutive year IBM has received more U.…
By Gene Quinn
1 year ago 2

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
1 year ago 12

TPP: What the Government Use of Software Provisions Mean

The language of the Trans-Pacific Partnership’s ostensible provision on Government Use of Software (Article QQ.H.11) is short and relatively straight-forward. This article examines the Trans-Pacific …
By Eleanor K. Meltzer
1 year ago 3

Mark Cuban, a software patent troll who hates software patents

While hedging risk is a well known and widely accepted investment tactic, there is something rather bizarre about someone who is such a vocal critic doing exactly …

Mark Cuban: “Get rid of all software patents”

A dim view of software patents does not make Mark Cuban unique, but his latest foray into the patent debate does provide interesting insights into his arbitrary …
By Gene Quinn
1 year ago 117

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
1 year 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
1 year 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
1 year ago 0

Picking winners and losers based on innovation design is unsound, unwise, and just plain stupid

On some basic level everything can be characterized as an idea. It is also all too easy for those who are not technically trained to believe, no …
By Gene Quinn
2 years ago 6

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

John Deere, GM push back against consumer modifications of vehicle software

One of the more active areas during this round of public comments collected by the Copyright Office involves the prohibitions against circumvention for Proposed Class 21, which covers …
By Steve Brachmann
2 years ago 13