When is Computer Software Patentable?

Software is patentable when and if it can meet the following two part test: Does the claim recite (expressly state or inherently infer) that the software pertains to a method of organizing human activity (including satisfying legal obligations), mathematical formulas or mental processes?  If no, then the software claim is patent eligible.  If yes, then go to the second part…

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Patenting Software – Another Wrinkle

Introduction If you have followed my past postings, you will know I am often trying to explain issues involved in patenting software or computer business methods.  Much of the controversy of the last several years has been whether the software or business method is actually patentable subject matter.  This has involved discussions of Section 101 and whether…

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What NOT to do before you file

Introduction This is an update of my previously published post from January.  The key element is to avoid public disclosure of  your invention.  This article attempts to clarify what NOT to do before you file a provisional or non-provisional application for patent. Remember, once the innovative horse has galloped out (or been lured out) of…

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Mechanical Engineering Patents and Validity Goulash

Introduction If you thought that issues of natural law and abstract ideas were invalidating only medical device and treatment patents, think again.  The fog of natural law/natural phenomena/abstract ideas is descending upon “nuts and bolts” mechanical engineering.  It is no longer safe to pursue patent protection for vibration dampened drive shafts without encountering “validity goulash”.   Discussion Again…

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Known Technology is not Abstract

Introduction Abstract ideas are not patentable.  This is simple statement has caused continued confusion and frustration.  The Court of Appeals for the Federal Circuit has ruled that a garage door opening device that differs from the prior art only in that it utilizes “off the self” wireless communicating technology is an abstract idea.  Use of known technical devices…

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ATTORNEY CONFIDENTIALITY- INTERVIEWS

Is it necessary to obtain a signed non-disclosure agreement from an attorney prior to disclosing your invention ? The clear answer is no. A non-disclosure agreement is not required.  Attorney confidentiality applies. Communication made by the potential client to the attorney in a confidential setting for the purpose of securing legal services (as well as…

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