Posts Tagged: software patents


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 3 days ago 33

What should we do about Alice?

Showing a bowl of spaghetti on one of his first few PowerPoint slides set the tone. The law as it applies to software patent eligibility is a …
By Gene Quinn 9 days ago 24

After Alice: Is New Legislation Needed? Before Alice: Was there a Precedent?

the Courts have found it difficult to use the Mayo two-part test in the examination of a patent’s validity thus creating great uncertainty... One should not …
By Martin Goetz 9 days ago 7

Federal Circuit guidance is needed because district courts are misapplying Alice

The District Court’s errors in the Broadband iTV decision are a paradigmatic and telling manifestation of certain of the manners in which district courts are misapplying …
By Kelly Mackin 23 days ago 74

IBM hits torrid patent pace in Q1 2016, invents cloud management and automotive tech

2016 has gotten off to a strong start for the company as the patent portfolio analysis tools at Innography are showing us that IBM has already earned 1,927 U.…
By Steve Brachmann 27 days ago 0

Defeating Alice with Data

Several questions every patent attorney should be asking before responding to an Alice rejection are: (1) How many Alice rejections has the examiner issued? (2) What does he or …
By James Cosgrove 2 months ago 22

The 2015 Brokered Patent Market: A Good Year to be a Buyer

If you were buying patents in 2015, you likely did better than any previous year. The patent market, and, in particular, the brokered patent market, continues to be …

The USPTO harms the economy with over-aggressive, haphazard Alice-based 101 rejections

It is poor patent policy to have broad areas of technology deemed patent-ineligible entirely, or ineligible without the high cost of attorney time to argue, and likely …
By Louis Hoffman 3 months ago 13

IBM sales slump continues but Watson is getting brighter

Despite shrinking revenues, IBM may be able to chart its way back to stability if success continues for its Watson cognitive computing platform, the corporation’s fastest …
By Steve Brachmann 3 months ago 0

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

McRo decision expected to clarify abstract idea doctrine under Alice

A case currently pending before the Federal Circuit is anticipated to provide greater guidance into the answer to this question, namely, how district courts should determine whether …
By Zachary Silbersher 4 months ago 42

Patent and Trade Secret Wishes for 2016

This year our panel has a diverse variety of wishes. We see the usual wishes relating to patent eligibility and the abstract idea exception, with a reference …
By Gene Quinn 4 months ago 4

What Mattered in 2015: Insiders Reflect on Biggest Moments in IP

This year our panel of industry insiders is quite diverse, with commentary from Bob Stoll (Drinker Biddle), Ashley Keller (Gerchen Keller), Paul Morinville (US Inventor), Alden Abbot (…
By Gene Quinn 4 months ago 8

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 …