Posts Tagged: software patent


In general, the courts distinguish between functions and algorithms, and they require patent applicants to disclose algorithms to cure perceived deficiencies in functions. The problem with this line of reasoning is that both algorithms and functions under 35 U.S.…

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Functional claim language is increasingly being used by practitioners to capture the metes and bounds of an invention, especially in computer-implemented inventions. Sometimes using functional language in a claim limitation is unavoidable. Functional language does not, in and of …

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Corporate investment into research and development at John Deere has also fallen slightly but the company did manage to maintain a $341.1 million R&D investment during the most recent fiscal quarter. Since the beginning of 2015, Deere & Company has received …

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The idea that the Supreme Court is at all capable of understanding — let alone deciding — issues of a technical nature is ridiculous. Yet their individual and collective lack of knowledge hasn't prevented them from reaching misguided decisions in a …

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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 Patent Office offers a viable option for reaching this objective. This approach …

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Changing the rules of the game is fundamentally unfair, which would be obvious to everyone if we were talking about football, soccer or playing a board game. Somehow common sense is abandoned when dealing with patents. Changing patent laws …

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Interestingly, we noted a great number of innovations filed by IBM that extend into the field of financial services. The company has already been working to develop Bitcoin-style systems, especially the “blockchain” digital currency transaction list supporting Bitcoin, that …

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''Whether in a software product or to embody the invention in a hardware product, is often nothing more than a design choice. Whether an innovation is embodied in software or hardware feels like it should be irrelevant to whether …

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''A few years ago we ramped up our foreign filings and recognized that we’re writing this one document, this one patent application for so many different audiences. We started settling in on the European technical standard as a …

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I will be criss-crossing the country again in March 2015, with stops in Washington, DC, Chicago, Michigan, and San Fransisco. What follows is my schedule for the month. If you are in the area come out to say …

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I do feel that the whole notion of trying to find an “inventive concept” is really challenged. While the Supreme Court went out of its way to say we are really not putting Sections 102 or 103 in here, I think …

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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 inventions have been licensed by every major cellular OEM, and have created …

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