Posts in Software


Claims not directed to abstract results when reciting specific steps that accomplish a desired result

According to the Federal Circuit, The claims simply do not simply recite an abstract result. Because the claims recite specific steps that accomplish a desired result, the …

Federal Circuit says Finjan virus-screening method not abstract, is patent eligible

In Finjan, Inc. v. Blue Coat Systems, Inc., the United States Court of Appeals for the Federal Circuit recently affirmed-in-part, reversed-in-part, and remanded the case to the …
By John M. Rogitz
3 days ago 0

Benefits of NASA Space Directive on Mars could be Limited by Uncertain Software, Biotech Patentability

President Donald Trump signed a new space policy directive for human expansion across the solar system, a directive which hearkens at least slightly back to Horace Greeley’…
By Steve Brachmann
19 days ago 3

Federal Circuit Curtails Alice: Economic arrangements using generic computer technology ‘significant, if not determinative’

On December 8, 2017, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Inventor Holdings, LLC v. Bed Bath & Beyond, Inc. (2016-2442) that …
By John M. Rogitz
1 month ago 51

Software Patent Eligibility at the Federal Circuit 2017

If there was a theme that emerged in 2017 it is the necessity to have what is specifically innovative disclosed in the claims. While not a particularly new …
By Gene Quinn
1 month ago 207

Supplying Legal Notices for Free Software in your Products

This license, like many other Free Software licenses, require a legal notice to be given to the recipient when the software is distributed. Alas, it seems like …
By Fredrik Ohrstrom
2 months ago 5

Surviving Alice: Sufficient Inventive Concept Must be in Claim, Not Specification

In Two-Way Media Ltd v. Comcast Cable Communs., LLC, (Opinion for the court, Reyna, J.), the Federal Circuit affirmed a district court decision finding four patents owned …

Federal Circuit affirms PTAB invalidation of Uniloc patent which wasn’t invalid in 65 district court cases

The Uniloc patent invalidated by the PTAB in this case is U.S. Patent No. 5490216, titled System for Software Registration and issued in February 1996. It claims a …
By Steve Brachmann
2 months ago 9

Fortune’s misguided screed on patent trolls misrepresents patent owner Blackbird Technologies

Fortune tech writer Jeff John Roberts, who penned this particular article, regurgitates Cloudflare’s claims that Blackbird “may be engaging in illegal fee-splitting arrangements with patent owners” …
By Steve Brachmann
3 months ago 17

Nothing artificial about this intelligence: AI meets IP

Artificial intelligence (AI) is no longer a plot point in futuristic sci-fi novels and films. In many aspects of our lives, machines are increasingly performing tasks previously …
By Sam Baxter
4 months ago 0

Protecting Your Intellectual Property in the Internet of Things

The Internet of Things (IoT) has been upon us for some time now, though many are just beginning to see it — the interconnected network of devices that …
By Rob Bloom
4 months ago 0

A Revolutionary Approach to Obtaining Software Patents Without Appealing to the PTAB

Today’s environment demands an agile approach, one that involves substantial up-front planning, followed by continuously learning from both the client and the marketplace, using a strategy …

EPO ready for the first Unitary Patent as soon as the ratification requirements are met

One of the great aspects of the Unitary Patent is that it follows the normal EPO procedure up to grant. And indeed, the search and the examination …
By Gene Quinn
4 months ago 0

How to Participate in Open Source While Maintaining IP Integrity

The key idea is to think strategically about the software, the value it can provide to the company, and whether the technology should be developed in-house. In …
By Gideon Myles
4 months ago 1

Exclusive with Grant Philpott: Patenting Computer Implemented Inventions in Europe

We try to be precise and stick to CII because “software” in itself is a term which lacks precision. It can refer to a high level program, …
By Gene Quinn
4 months ago 1