Posts Tagged: software patents


What the PTAB’s Precedential Decisions on Live Testimony and Substitute Claims Mean for PTAB Litigation

On Monday, March 18, 2019, the Patent Trial and Appeal Board (PTAB) designated three decisions as precedential. Two of the three decisions—K40 Electronics LLC v. Escort Inc. (“K40 …
By Apurv Gaurav
13 hours ago 3

Alice is Due for Reversal: Science Proves Its Reasoning Unsound

Since the 2014 Supreme Court decision in Alice v. CLS Bank International, patent claims including software have faced a much higher barrier for receiving patents than any other …
By David Reardon & Gene Quinn
4 days ago 10

How the Owner of ‘Findmyphone’ Patents Overcame a 101 Objection Under the New USPTO Guidance

I hold nine U.S. computer security device recovery and communication patents relating to Findmyphone technology, which helps owners display return or recovery information before or with …
By Carrie Hafeman
17 days ago 12

A Plea to All IP Stakeholders: Support Director Iancu’s Efforts to Restore the Value of U.S. Patents

USPTO Director Andrei Iancu’s 2019 Revised Patent Subject Matter Eligibility Guidance promises to virtually eliminate the greatest patent problem of our time. If implemented properly by the …
By Mark Marrello
19 days ago 25

Japan Patent Office Case Examples on Artificial Intelligence Offer Guidance for Other Offices on Treating AI Inventions

The Japan Patent Office recently added ten new case examples pertinent to artificial intelligence-related technology to Annex A of its Japanese Patent Examination Handbook. The examples are …
By John M. Rogitz
25 days ago 0

Why the Federal Circuit is to Blame for the 101 Crisis

When the Supreme Court believes that the Federal Circuit has made an error, they will reverse and remand with broad guidance, but often are not able to …
By Gene Quinn
28 days ago 30

Drafting Software Patents: Lessons from Key Lighthouse Cases

Join Gene Quinn, patent attorney and the President & CEO of IPWatchdog, Inc., on Thursday, February 14, 2019, at 12pm EST for a free webinar discussion Drafting Software Patents: Lessons …
By Gene Quinn
1 month ago 0

IBM Calls for an End to the ‘Legal Fiction’ of Current 101 Law

This marks the final installment in my four-part interview with IBM’s Vice President and Assistant General Counsel Mark Ringes and Chief Patent Counsel Manny Schecter. I …
By Gene Quinn
2 months ago 13

IBM: Patent Troll Problem is ‘Just Noise’ Post-America Invents Act

This marks Part III of my four-part interview with IBM discussing the state of innovation and the U.S. patent system from the standpoint of a company …
By Gene Quinn
2 months ago 6

IBM: Software Patent Exceptions Make No Sense in a World Where “Software is Ubiquitous”

In Part I of my recent interview with IBM, I spoke with Mark Ringes, IBM Vice President and Assistant General Counsel, and Manny Schecter, Chief Patent Counsel, …
By Gene Quinn
2 months ago 3

Don’t Dismiss State Street: Ancora Decision Reiterates Relevance of Concrete and Tangible Test for Software

Judge Rich was attempting to articulate a test that would allow the decision maker to determine whether there is in fact an innovation; an invention that we …
By Gene Quinn
3 months ago 14

EPO Publishes Revised Guidelines on Computer-implemented inventions

The European Patent Office Guidelines 2018 were recently published on the European Patent Office (EPO) website. All substantial changes in the new Guidelines relate mainly to sections discussing …
By Andrea Perronace
4 months ago 3

Unintelligible and Irreconcilable: Patent Eligibility in America

The Alice/Mayo framework does not mandate a conclusion, it tolerates – even enables – whatever conclusion the decision maker prefers. This is allowed because of a universe of …
By Gene Quinn
5 months ago 20

Writing a Software Patent Application

Any good patent application that covers a software related invention will need to put forth three specific pieces of information. First, you need to describe the overall …
By Gene Quinn
5 months ago 21

A Realistic Perspective on post-Alice Software Patent Eligibility

Much of the havoc wrought in the software patent system by the landmark decision Alice v. CLS Bank International, 134 S. Ct. 2347 (2014) stems from the unworkable two-part patent …
By Babak Nouri
5 months ago 34