Posts Tagged: software patents


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
12 months 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
12 months 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
1 year 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
1 year 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
1 year 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
1 year ago 6

On the Road in March 2015

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. …
By Gene Quinn
1 year ago 0

America Must be the Leader in Patenting Innovations, Including Software

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 …
By Gene Quinn
1 year ago 0

Writing software is easy, but writing good software is very difficult

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 …
By Gene Quinn
2 years ago 9