Avoiding the “Abstract Idea” Trap Against Patentability

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…

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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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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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