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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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…

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Clarifying What are Patent Ineligible Abstract Ideas

Introduction: Intertwined with the long ambiguity of the scope of patent eligible software has been the difficulty in defining what are patent ineligible “abstract ideas”.  Recall 35 U.S.C. Section 101 states that all things invented by man are patentable subject matter except laws of nature, natural phenomena or abstract ideas.  These three items are referred to below as…

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PATENTS FOR BUSINESS METHODS (REVISED)

Introduction Methods of conducting business can be patentable.  However, the USPTO inquiry expands beyond the questions of whether the method is new (Section 102) or whether the method is an obvious variation of prior art methods (Section 103).  Further, the pendency for examination of business method applications is the longest within the USPTO.  Also see…

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