INTRODUCTION: I have written many times of the ambiguity created by the courts in the Alice and Mayo decisions regarding what is patentable subject matter. I am today suggesting a method of “avoiding the abstract idea trap against patentability”. What I am referring to is the rejection of patentable innovations on the basis that the patent is merely claiming an abstract idea. An…
Protecting IP
Licensing: How to slice the pie
INTRODUCTION: Rights in intellectual property can be transferred by sale, i.e., “assignment” or by granting a limited interest, e.g., a “license” or “licensing”. See my article on assignments. To use the analogy of land, title or ownership can be conveyed in land via a written deed recorded with the appropriate government agency. Similarly, a limited right to use or…
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…
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…
Patenting Medical Devices
Introduction This article is meant to be read in conjunction with my article Patentability Swamp. In this prior article, I have discussed the newest USPTO Guidelines (October 17, 2019) pertaining to patenting matters that may incorporate patent ineligible material under 35 USC Section 101, i.e., natural law, natural products, natural phenomena or abstract ideas. I have discussed the…
Patentability Swamp
Introduction I have recently posted a blog of mechanical device patents becoming ensnared in the patentability swamp. The swamp is the ineligibility of patenting “natural laws”, “natural phenomena” and “abstract ideas”. This has followed the adverse rulings for patenting medical procedures and business methods. There has been another shift in the ground underlying this swamp. Further guidance was issued from the USPTO…
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…
What’s Up Federal Circuit
Below is a post from Patent Attorney Gene Quinn, author of the blog IPWatchdog.com. Gene is complaining of the same topic of my Friday post entitled “Known Technology is Not Abstract” and regarding the absurd position of the several Federal Circuit Justices asserting inclusion of an “abstract idea” within a patent claim as defeating patent…
Software Patents
Introduction I recently shared a post stating that computer software is currently the subject matter of approximately 60% of patent applications. This is a 50% increase since 2010. What is patentable computer software? What remains as a vexing problem is the continued muddled status of what comprises patentable software. The Federal Circuit court complains that the US…
International Patent Protection
Introduction International patent protection can be invaluable. US patents only protect against the importation, sale or use of patented devices and methods within the US. There is no single “international patent”. Each country maintains its own patent system. However it is possible to obtain patent protection in other countries based upon your US patent filing, i.e., the application…