35 USC 101

Subscribe to 35 USC 101 via RSS

PatentNext Summary: When preparing a patent application for a software or a computer-implemented invention, a best practice includes describing, in the patent specification, how the software or computer-implemented invention improves an underlying computing device. Examples include describing how software or computer-implemented invention improves the speed or efficiency of the underlying computer device and/or reduces its processing needs or memory usage.

The below article provides additional details.

***

The Importance of Describing an “Improvement” for a Software or Computer-implemented Inventions

Typically, the United States Patent and Trademark Office (USPTO) scrutinizes software and computer-related inventions for “patent subject matter eligibility” under 35 U.S. Code § 101 (“Inventions patentable”). Basically, this means that the USPTO will consider whether a software-related invention directs to a patentable invention or to a mere “abstract idea” (which cannot be patented). See Alice Corp. v. CLS Bank International.

Continue Reading How to Patent Software Inventions: Show an “Improvement”

PatentNext Summary: Software-related inventions are patentable. Considerations for patenting software-related inventions include:

  1. Whether the patent claims fall into one of the four categories of “inventions patentable” (e.g., “a process”); and
  2. Whether the patent claims recite (or do not recite) a judicial exception (e.g., an “abstract idea”) as described by the U.S. Supreme Court in its often cited “Alice” decision.

The below article provides additional details.

***

Software increasingly empowers our everyday lives. From mobile apps implemented on phones and tablets, to “smart” thermostats that regulate household temperatures, to artificial intelligence (AI) based algorithms running on cloud computing platforms, new software-related inventions improve, automate, or change items that devices with which we interact.

But are such software innovations patentable? Yes, software-related inventions are patentable, and this article explores issues to consider when preparing software-related patents.
Continue Reading Are Software Inventions Patentable?