Tag Archive for software patent

Why IPO Is Wrong About Section 101

It certainly seems that the technology industry is producing better and more exciting products than ever. Virtual reality is becoming, well, a reality; we have drones, self-driving cars, better artificial intelligence, amazing new games, and smarter smartphones. These innovations are all driven by software, even though the landscape for software patents has changed over the…

Software Patents Will Survive: How Section 101 Law Is Settling Down

(This article first appeared at IPWatchdog.) Software patents have been controversial for decades. The discussion generally centers around whether software is patent-eligible subject matter. Since the Supreme Court’s decisions in Bilski v. Kappos, 130 S.Ct. 3218 (2010); Mayo Collaborative Servs. v. Prometheus Labs, 132 S.Ct. 1289 (2012); Ass’n for Molecular Pathology v. Myriad Genetics, Inc.,…

Update: PTO Releases Case Study Topics

Following up on this post, the USPTO has released its case study topics: 1) Evaluation of the deviation of 35 U.S.C. §101 rejections from official guidance, correctness of rejections and completeness of the analysis. This study will evaluate whether examiners are properly making subject matter eligibility rejections under 35 U.S.C. §101 and clearly communicating their…

Proposed PTO Case Studies Show Common Concerns

The USPTO recently requested proposals for case studies that the Office might do in order to improve patent prosecution. There were over 100 proposals submitted from associations, companies, law firms, and individuals. There are definitely some proposals that the USPTO should use. I’m hoping that at the USPTO’s Patent Quality Community Symposium on Wednesday, some…

In Defense of Software (Patentability)

Note from : The Alice v. CLS Bank case, which is being argued at the U.S. Supreme Court later this month, has invigorated the debate over the patentability of software.  The following guest post is by Dana Rao, Vice President for Intellectual Property and Litigation at Adobe, and I’m thrilled to be able to publish it. Dana…

Concern Trolls “Worry” About Covered Business Method Review

As expected, once some ideas to deal with patent trolls were proposed by the President, the concern trolls came out in force to express “concern” about “uncertainty” and a possible, unexplained, negative effect on innovation. In short, the concern trolls tell us inventors will stop inventing, technology will stagnate, society will collapse, and Two and a…