Creep of Patent Eligibility Goulash

Introduction: I have written frequently about the morass of “logic” created by the courts regarding the patent eligibility of computer implemented business methods and software.  This logic pertains to whether the software is an “abstract idea” and therefore not eligible for patent protection.  This is a fluid topic.  It has been termed eligibility goulash by…

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Obviousness Rejections 2021

Introduction: An application for patent is typically rejected by the USPTO examiner after the first examination.  But the USPTO examiner must provide specific written reasons justifying the rejection.  The applicant has the right to respond to the rejection to point out why the examiner is in error or to amend the claims of the application…

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Patenting Computer Software

INTRODUCTION When is software patentable?  Can you obtain a computer software patent?  It is generally understood that it is difficult to obtain patent protection for computer software.  This is a subtopic of the question of when it is possible to patent a method of doing business. There are some guidelines.  This includes guidance for determining…

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“Groundbreaking” But Not Patentable?

INTRODUCTION: It is clear abstract ideas are not patentable. However the topic is much more complex. I have written a number of articles regarding the fog shrouded abyss related to patenting computer business methods and medical diagnostic procedures.  The Supreme Court and the Court of Appeals for the Federal Circuit (commonly known as the “Federal Circuit”) continue to…

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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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Patents, Trademarks & Copyrights

  Introduction The following is a brief summary of each tool for protecting intellectual property (IP). The tools discussed are Patents, Trademarks & Copyrights. Patents Patents protect an idea (invention) that is embodied in a device or method.  This is different from Copyright and Trademarks. The vast majority of patents are “utility patents”. There are also plant…

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