Posts Tagged: software patent

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

PTAB Wonderland: Statistics show Alice PTAB interpretation not favorable to patent applicants

The United States Supreme Court is commonly known to resolve difficult issues of law. Yet, Alice v. CLS Bank[ii], last year’s unanimous Supreme Court decision, …
By Eli Mazour & James Bennin
1 year ago 7

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
1 year 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
1 year ago 0

Lifting the Fog on ‘Software Patents’ – Eliminate that Meaningless Term

Clearly, one does not get a patent on software or a computer program. Software, just like electronic circuits, or steam, or solar energy, or gears, or rubber …
By Martin Goetz
1 year ago 14

A Strategy for Protecting Software Claims from Invalidation Under the Algorithm Requirement

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 …

Avoiding Invocation of Functional Claim Language in Computer-Implemented Inventions

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 …

John Deere continues to invest in new technologies, including software

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 …
By Steve Brachmann
1 year ago 0

Naked Emperors: A Supreme Court Patent Tale

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 …
By Gene Quinn
1 year ago 79

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
1 year ago 9

Retroactive changes to patent eligibility law suggest patents are not a property right

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. …
By Gene Quinn
2 years ago 28

Financial Services Innovations from IBM Combat Fraud, Improve Pricing Activities

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 …
By Steve Brachmann
2 years ago 1

Whether an innovation is embodied in software or hardware should be irrelevant

''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 …
By Gene Quinn
2 years ago 7

The European technical standard as a guide for drafting software patents

''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 …
By Gene Quinn
2 years ago 6