The case of Enfish v. MSFT (Fed. Cir. 2016) is one of the rare Section 101 case in which the Federal Circuit identified claims for software inventions as eligible for patent protection after the Supreme Court’s decision in Alice and Mayo. In this blog post, we will review why the claimed software invention was deemed eligible for patent protection while so many others software … [Read more...]
Software patents are patents directed to the steps used by a generic computer to accomplish a particular result.
For software patents including a computer-implemented means-plus-function limitation, the patent application or patent must disclose an algorithm or structure for performing the claimed function. This is to satisfy the definiteness requirement of 35 U.S.C. §112, second paragraph. The algorithm or structure need not be in any particular format but must simply be expressed as … [Read more...]
Software inventions are patentable depending on how you claim it The eligibility of patent protection for software patents is the hot topic in patent law. For now, the attack on patents hasn’t spilled over into other technologies (e.g., mechanical arts may be abstract). For patent attorneys, the big question is not whether software inventions are eligible for patent … [Read more...]
Ultramercial v Hulu addressed whether software inventions are eligible for grant as a software patent. In Ultramercial, the patent claims were directed to a method of utilizing advertising as an exchange or currency. A consumer would view a copyrighted product for free in exchange for viewing an advertisement. For example, Hulu.com allows a subscriber to watch a TV program … [Read more...]
CLS Bank v Alice (en banc Fed Cir. 2013). This case was supposed to provide greater certainty as to what is eligible and what is not eligible for software patents. Start ups which are the engine of the U.S. economy typically does not have money to spend on intellectual property rights that are speculative and may be difficult to enforce. As such, this group of companies, mid … [Read more...]
Summary: In Ex Parte Halligan, the BPAI held that a method using a programmed computer does not transform a method that is ineligible for patent protection patent eligible. The computer limitation is a field of use limitation and does not add any meaningful limitation to the claims. Basic Background: During examination of a non provisional patent application, an examiner … [Read more...]