Posts Tagged: software patents


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
6 days ago 0

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
8 days ago 1

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 …
By Gene Quinn
1 month ago 45

Patent ‘gold rush’ to blame for patent sharks, patent trolls

Patent trolls – as well as calls for changes to the law to prevent them – date back to at least the 1800’s. A look at their history suggests …
By Neel Chatterjee
1 month ago 20

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 …
By Steve Brachmann
2 months ago 6

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 …
By Raymond Millien
4 months ago 13

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 …
By Gene Quinn
4 months ago 28

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 …
By Manny Schecter
4 months ago 5

Federal Circuit: Adding one abstract idea to another abstract idea does not make the claim non-abstract

In RecogniCorp, LLC v. Nintendo Co., the Federal Circuit affirmed the district court’s decision that RecogniCorp’s patent claims are directed to an abstract idea, and …

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 …
By John M. Rogitz
5 months ago 60

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 …
By Gene Quinn
5 months ago 64

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 …
By Gene Quinn
5 months ago 4

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. …
By Brian Pangrle
5 months ago 4

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 …
By Steve Brachmann
6 months ago 22