Posts Tagged: computer software


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 2 days ago 25

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 …
By Paul Morinville & Gene Quinn 3 months ago 12

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 4 months 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 5 months 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 6 months 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 …
By Gene Quinn & Steve Brachmann 6 months ago 44

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 7 months 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 7 months 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 7 months 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 7 months 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 8 months 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 8 months 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 10 months ago 13

How to Fix the Software Patent Mess: Go Back to Basics

If U.S. patent eligibility rules were more clear and predictable, the useful art of software development would be more prevalent. The “notorious computer” of the European …
By Bradley J. Hulbert 12 months ago 9