Posts Tagged: software patents


UK Digital Strategy initiatives in AI, robotics underscore lagging U.S. development caused by patent ineligibility of software

The absurd way in which important players in the U.S. patent system view the patentability of software innovations will undoubtedly harm our country’s chances of …
By Steve Brachmann
6 months ago 0

Have We Gone Too Far to Eradicate Weak Patents?

Asking whether the industry has gone too far to eradicate weak patents misses the point entirely, and to some extent will allow those who want the patent …
By Gene Quinn
7 months ago 8

§ 101 Rejections in the Post-Alice Era

The § 101 rejection rate for patent applications in the e-commerce work groups approaches 100%, then drops precipitously for the remaining seven of the top ten work groups with the …
By James Cosgrove
7 months ago 3

China relaxing barriers to software, business method patents with revised patent guidelines

Guidelines, set to go into effect on April 1st in China, continue to leave the window open for software and business method patents. For software patents, patent …
By Steve Brachmann
7 months ago 5

Revolutionary JP Morgan software capable of doing contract review likely patent ineligible in the U.S.

JP Morgan has created revolutionary software capable of doing in seconds the same work that it would take a large team of lawyers 360,000 hours to complete. Clearly, …
By Gene Quinn
7 months ago 77

Operational Mathematics on a Processor is not an Abstract Idea

Mathematics has long been accepted as a tool to model the physical reality. For many it is hard to grasp that math actually “does something.” The reality …
By Peter Lablans
7 months ago 47

Congress Needs to Act So Alice Doesn’t Live Here (in the Patent System) Anymore

The impact of Alice has been just what one would expect. The decisions of the USPTO examining corps, USPTO Patent Trial & Appeal Board, and lower courts have …
By Manny Schecter
7 months ago 36

A Few Thoughts on the Supreme Court’s Section 101 Jurisprudence

I am particularly concerned about the impact this case law has on the patent application process. Instead of focusing on novelty and clarity, examiners and applicants alike …
By Senator Chris Coons
7 months ago 116

IPO adopts resolution supporting legislation to amend 35 U.S.C. § 101

IPO supports legislation because the patent eligibility test created by the U.S. Supreme Court is difficult to apply and has yielded unpredictable results for patent owners …
By Gene Quinn
8 months ago 25

FREE WEBINAR: Drafting for Alice in 2017

On Tuesday, January 31, 2017, at 2pm ET, please join Gene Quinn (IPWatchdog) for a free webinar discussion on best practices for software patents and predictions for 2017... Since May 2016, …
By Gene Quinn
8 months ago 6

Ex parte Itagaki: Has the PTAB gone too far in invalidating patents under 35 USC 101

When addressing the issue of generality vs. particularity, we come across a situation where the inventors described the most crucial aspect of the invention, the classification unit, …

Revised Chinese patent guidelines mean better prospects for software, business methods than U.S.

In late October, China’s State Intellectual Property Office (SIPO) released a set of guidelines for Chinese patent examiners that revises the last guidelines put in place …
By Steve Brachmann
9 months ago 23

Congress Can Save Software Patents by Repeating One of Its Successes

Part of the problem with the debate over “software patents” has been the near complete failure to accurately describe what these patents protect. Opponents of software patents …
By Dr. David Lund
9 months ago 1

Software Patents Will Survive: How Section 101 Law Is Settling Down

I think the reality is that software patents in some form are here to stay for the foreseeable future; it is also true that things that used …
By Matt Levy
10 months ago 54

Light on analysis, heavy on conclusion, no claim construction, CAFC rules claims ineligible

How patent claims can be invalidated without a proper and thorough claim construction is baffling. It flies in the face of everything patent law stands for and …
By Gene Quinn
10 months ago 78