Posts Tagged: software patents


The Patent Drafting Disclosure Revolution: Don’t Ask Alice

No question exists that patent eligibility under Section 101 has been, and remains, the most active question in patent law. Watching the rapid flow of cases back and …
11 months ago 4

Patents are Important: Bursting the Twitter Patent Mythology

Twitter is a perfect case study to demonstrate just how important patents, particularly software patents, are to a start-up company that has aspirations of going public... In …
11 months ago 28

Creating Software Obviously Isn’t Easy – Part 3 with Bob Zeidman

"[F]or a living I reverse engineer code and testify in court. Yet I could not reverse engineer this code. Every time I touched it to make …
1 year ago 11

Software, Silicon Valley and Computer Programmers – Part 2 with Bob Zeidman

Recently I had the opportunity to interview Bob Zeidman, the president and founder of Zeidman Consulting, who is also the president and founder of Software Analysis and …
1 year ago 23

A Conversation About Software and Patents: On the Record with Bob Zeidman

Modern software tools allow people to turn fairly abstract ideas into reality. That’s the beauty of software. You can start describing things in such a high …
1 year ago 15

Abstraction in the Commonplace: Alice v. CLS Bank and its Use of Ubiquity to Determine Patent Eligibility

A troubling aspect of the analysis in the Alice opinion is the suggestion that an invention, once patent eligible, can become patent ineligible simply based on the …
1 year ago 25

Alice v. CLS Reality: PTO Pulling Back Notices of Allowance

Over the last several days I have heard of an alarming trend from the United States Patent and Trademark Office — Patent Examiners are canceling Notices of Allowance …
1 year ago 69

Ignorance Is Not Bliss: Alice Corp. v. CLS Bank International*

With the Supreme Court’s most recent foray into the patent-eligibility world in Alice Corp. v. CLS Bank International, we now have a complete and utter disaster …
1 year ago 17

Examiners Begin Issuing Alice Rejections for Software

He says he has seen the below form paragraph twice within a week. Most alarming, in one case the form paragraph came in the form of a …
1 year ago 26

Supreme Court’s Latest Patent Case and Software Patentability

The Supreme Court’s Alice decision has again left the IP bar without a clear, repeatable test to determine when exactly a software (or computer-implemented) claim is …
1 year ago 1

Alice on Software Patents: Preemption and Abstract Ideas

EDITORIAL NOTE: This article is a continuation of Alice, the Illusory Death of Software Patents. We can return to the beginning of the analysis and revisit preemption. …
1 year ago 7

Alice, the Illusory Death of Software Patents

With apologies to the great humorist, the report of the death of software patents is an exaggeration. The Court set forth a two-step test grounded in Bilski …
1 year ago 33