Posts Tagged: software patents


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
1 year ago 9

The Road Forward for Software Patents post-Alice

Whether Alice v. CLS is a ''good'' decision depends on your perspective. Certainly, Alice could have said Diamond v. Diehr was overruled, it could have said that …
By Gene Quinn
1 year ago 15

Provisional patents are like chicken soup, good for everybody

''Even a startup with strained resources can afford to file provisional applications. As a result of the American Invents Act and the fact that the United States …
By Gene Quinn
1 year ago 0

Arbitrary and Capricious: Exploring Judge Lourie’s flip-flop in Ultramercial

It would be extremely unsettling if the Supreme Court has weakened Judge Lourie's resolve to independently and properly interpret the Patent Act. If there is another explanation …
By Gene Quinn
1 year ago 5