Posts Tagged: computer software
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 …
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 …
Confessions of a Frustrated Patent Attorney: The Telephone Call
I used to receive telephone calls, quite frequently, asking about the procedure for preparing and filing a patent application. Today, I no longer receive these calls. I …
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 …
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 …
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, …
Defining Computer Related Inventions in a post-Alice World
it is absolutely critical that computer related inventions describe the technology to the greatest extent possible, focusing on as much that is tangible as …
The Business of IP: Choosing Between Patents and Trade Secrets
In the field of Intellectual Property (IP) attorneys have options when counseling clients on how to protect their IP. However, these options remain subject to constant forces …
Executable mathematics renders inventions physical! Welcome to the digital age
The use of a mathematical formula in a claim can trigger a 35 USC 101 rejection or invalidation of the patented claim. However, the role of mathematics in physics …
First mover advantage, a false premise in software innovation
The first mover storyline also provides a false narrative because it is flat wrong from the customer perspective as well. Simply stated, the first mover myth ignores …
IBM receives most U.S. patents for 23rd consecutive year
IBM once again has topped the list of annual U.S. patent recipients, receiving 7,355 patents in 2015. This is the 23rd consecutive year IBM has received more U.…
Protecting IP in an Agile Software Development Environment
Over the last decade, there has been a movement among the software developer community to employ some form of “agile development” rather than the traditional software development …
Best Practices for Drafting Software Patent Applications post-Alice
Don't be afraid to make the technical disclosure long, dense and difficult to read, at least for those without technical training. In my opinion one of the …
TPP: What the Government Use of Software Provisions Mean
The language of the Trans-Pacific Partnership’s ostensible provision on Government Use of Software (Article QQ.H.11) is short and relatively straight-forward. This article examines the Trans-Pacific …
