Posts Tagged: software patent
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 …
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, …
Federal Circuit says computer memory system claims patent eligible, not abstract
The majority determined that the patent claims drawn to a computer memory system did not cover an abstract idea and, therefore, the second step of the Alice …
Judge Michel tells Congress it isn’t helpful to talk about quality, patents are either valid or invalid
“I think at the end of the day, patents are either valid or invalid as a legal instrument and therefore it’s not very helpful to talk …
Alice Who? Over Half the U.S. Utility Patents Issued Annually are Software Related!
I have always argued that software patent eligibility is a must in a country where patent rights are guaranteed by the Constitution. That is, all fields of …
It is time to define the term ‘Abstract Idea’
The industry is collapsing all because no one in a black robe has the guts to define the critical term that is the core of a test …
Through the Looking Glass: Recent Federal Circuit Decisions Do Not Change the Need for Action on Alice
The few CAFC cases (since Alice) that have found inventions to be subject matter eligible is certainly a welcome development. These cases indicate that the CAFC does …
In precedential decision, Federal Circuit rules patent directed to encoding and decoding image data is not patent-eligible
The Federal Circuit held that the claim was directed to the abstract idea of encoding and decoding image data. According to the panel, the claim recited “a …
SCOTUS Asked to Resolve Splits in Patent-Eligibility Analysis in Context of Video-On-Demand Technology
On April 13, 2017, Broadband iTV, Inc. (“BBiTV”) filed a petition for a writ of certiorari with the Supreme Court of the United States, requesting that the Court to …
A Software Patent Discussion with Matt Levy
It is probably fair to say that Matt Levy’s views are contrary to mine with respect to many patent related matters, but particularly so with respect …
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 …
Putting Words in the Mouth of McRO: The PTO Memorandum of November 2, 2016
The USPTO Memorandum of November 2, 2016 as to Recent Subject Matter Eligibility Decisions (“USPTO Memo”) inappropriately attributes the phrase “computer-related technology” to McRO, Inc. dba Planet Blue v. …
CAFC upholds invalidation of patent application covering patient data management tech under Alice
On Monday, March 13th, the U.S. Court of Appeals for the Federal Circuit issued a decision upholding the Patent Trial and Appeal Board’s (PTAB) finding …
UK Digital Strategy initiatives in AI, robotics underscore lagging U.S. development caused by patent ineligibility of software
The absurd way in which important players in the U.S. patent system view the patentability of software innovations will undoubtedly harm our country’s chances of …
Have We Gone Too Far to Eradicate Weak Patents?
Asking whether the industry has gone too far to eradicate weak patents misses the point entirely, and to some extent will allow those who want the patent …
