Bottom line: Patent applications directed to software inventions should be written to disclose the result and the effect of the software, but more importantly, the mechanism of the result or effect of the software. Doing so may increase the odds that the software invention will be considered to be eligible for patent protection. Nevertheless, inventors should be aware that … [Read more...]
Patent eligible subject matter
Patent eligible subject matter is everything made under the sun except for abstract ideas, laws of nature and natural phenomena.
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Bottom line: Although the following patent case relating to eligibility of patent protection is set within the medical diagnostic realm, it may potentially be applicable to other technological areas. Diagnostic tests for detecting a biomarker and merely amplifying that biomarker using well known techniques are ineligible for patent protection if the biomarker is a naturally … [Read more...]
Bottom line: DDR Holdings, LLC v. Hotels.com, L.P. (Fed. Cir. 2014) instructs us that software claims that lean towards being labeled an abstract concept may transition from being an unpatentable to patentable provided that the claims recite the “desired result” (i.e. benefit) and the “how” of achieving the desired result. One claiming approach may be to include the desired … [Read more...]
Bottom line: In Ultramercial v. Hulu (Fed. Cir. 2014), the Federal Circuit continued to provide vague guidance as to the patentability of software, specifically, whether a claimed invention is an unpatentable abstract idea. The Federal Circuit provided little guidance as to when a novel characteristic of a claimed invention would be sufficient to move the claimed invention … [Read more...]
Under U.S. patent laws, an invention must be directed to a statutory category that is eligible for patent protection. These categories include a process, a machine, a manufacture or a composition of matter. (35 USC § 101). If the invention does not fall within one of these four enumerated categories, that is, if an application claims an abstract idea, a natural phenomenon, or a … [Read more...]