Posts Tagged: software patents


Don’t Dismiss State Street: Ancora Decision Reiterates Relevance of Concrete and Tangible Test for Software

Judge Rich was attempting to articulate a test that would allow the decision maker to determine whether there is in fact an innovation; an invention that we …
By Gene Quinn
12 days ago 14

EPO Publishes Revised Guidelines on Computer-implemented inventions

The European Patent Office Guidelines 2018 were recently published on the European Patent Office (EPO) website. All substantial changes in the new Guidelines relate mainly to sections discussing …
By Andrea Perronace
2 months ago 3

Unintelligible and Irreconcilable: Patent Eligibility in America

The Alice/Mayo framework does not mandate a conclusion, it tolerates – even enables – whatever conclusion the decision maker prefers. This is allowed because of a universe of …
By Gene Quinn
3 months ago 20

Writing a Software Patent Application

Any good patent application that covers a software related invention will need to put forth three specific pieces of information. First, you need to describe the overall …
By Gene Quinn
3 months ago 21

A Realistic Perspective on post-Alice Software Patent Eligibility

Much of the havoc wrought in the software patent system by the landmark decision Alice v. CLS Bank International, 134 S. Ct. 2347 (2014) stems from the unworkable two-part patent …
By Babak Nouri
3 months ago 34

Google vs. the Luddites: A Patent Battle Neither Side Should Win

The idea that all software is obvious is a theoretical argument that doesn’t just border on the scattological, it wades right into the sewer. Consider artificial …
By Steve Brachmann
7 months ago 38

Federal Circuit: No matter how much the advance the claims recite, they are patent ineligible

This case and the passage above merely confirms what we have long known to be true. The magnitude of the innovation does not matter. Whether there is …
By Gene Quinn
8 months ago 34

Eligibility Rejections are Appearing in Greater Frequency Across all Computer Related Technology Centers

Four years after the Alice decision, we seem to just now be detecting the full impact of the decision. The initial response by the USPTO resulted in …
By Samuel Hayim & Kate Gaudry
8 months ago 13

Predicting Patent Number 10,000,000

The date of patent number 10,000,000 will be June 19, 2018. We feel this one is the easiest part of the prediction. We also think the USPTO will award Patent 10,000,000 …
By Matt Troyer
9 months ago 11

The House IP Subcommittee: A Bunch of Fiddling Neros Watching the U.S. Patent System Burn

Interestingly, in the history of the entire CBM program, only three petitions have ended with final written decisions upholding all claims as valid. That’s 1 percent of …
By Gene Quinn & Steve Brachmann
10 months ago 7

Breaking Through on Patent Eligibility, From Drafting to Litigation

Over the last five weeks there has been a seismic shift in the way the Federal Circuit views the resolution of patent eligibility issues during patent infringement …
By Gene Quinn
11 months ago 0

China Outpaces U.S. in AI Startup Funding, Aims for AI Dominance

In 2017, 48 percent of the world’s entire equity funding for AI startups was located in China. The U.S. was in second-place, lagging behind at 38 percent of …
By Steve Brachmann
11 months ago 2

Do you have Technology to block Robocalls? The FTC & FCC Want You!

The Federal Trade Commission and the Federal Communications Commission want you — at least if you are an innovator with a solution for preventing illegal Robocalls. On April 23, …
By Gene Quinn
11 months ago 16

Is there a Light at the End of the Alice Tunnel?

Maybe I’m being too optimistic. But in a pair of decisions issued within a week of each other, Berkheimer v. HP and Aatrix Software v. Green …
By Meredith Addy
11 months ago 32

Berkheimer v. HP: Federal Circuit says patent eligibility a factual determination inappropriate for summary judgment

Berkheimer is also equally important, if not more important, because it stands for the proposition that questions of fact can and do underline patent eligibility determinations. This …
By Gene Quinn
11 months ago 15