Computer implemented inventions in the US, is your invention “rooted in computer technology”?

Historically, the law in the America regarding computer implemented inventions, CIIs, has been more flexible than in Europe. Following the infamous Alice decision held in 2014, the USPTO has changed its approach in assessing subject matter eligibility, generating greater uncertainty around the patentability of CIIs.   In brief, the USPTO operates a two-part test. In […]

Posted in Patents, software patents, US | Posted by Gerard Giraud | Tagged with:

Dealing with US Patent Examiners

  The inspiration for this blog comes from the informative Patently-O, which recently carried a post regarding the subject of “broadest reasonable interpretation” of claims in patents in the US.   In the specific case being commented on, a patent application had a claim that included a “wireless communication module”. The USPTO argued that the […]

Posted in Patents, US | Posted by Pete |

Alice vs CLS Bank – US Supreme Court Rules on Software Patents

The US Supreme Court recently handed down its eagerly awaited judgment in the case of Alice Corporation Pty. Ltd. Vs CLS Bank International et al.   The question at issue was how to define which subject matter is eligible for patent protection, in particular in the context of the computer implementation of otherwise abstract ideas. […]

Posted in Patents, software patents, US | Posted by Pete |

Inventive Step is not Black and White

Amazon has recently received publicity for a US patent it was granted, covering a way of taking a photograph against a white background.  The patent has been the subject of much ridicule, so I thought it would be interesting to check it out.   Amazon’s Patent   Patent US 8,676,045 was granted on 18 March […]

Posted in Inventive Step, Patents, US | Posted by Pete |

Software/Business Method Patents in the US – CLS vs Alice Oral Hearings at the Supreme Court

I have written in a couple of previous blog posts (here and here) about Alice vs. CLS in the US, which is an ongoing case relating to the question of which subject matter should be excluded from patent protection in the US. Following on from the referral to the Supreme Court, the Oral Arguments were […]

Posted in Patents, software patents, US | Posted by Pete |

US Software Patents – CLS vs Alice goes to the Supreme Court

In a previous blog post I wrote about the decision in the US of the Court of Appeals for the Federal Circuit (CAFC) in the matter of Alice Corporation Pty. Ltd. vs. CLS Bank International.  In that case, a patent was rejected as relating to subject matter that was not patent-eligible.  The patent claim related […]

Posted in Patents, software patents, US | Posted by Pete |

Tricks of the Trade – Online Patent File Inspections

My professional career started in 2000, and so I have been privileged to work in a era where electronic and online communications have been the norm.  Over my time working I have seen evolution of various online resources from basic versions to more advanced.   Some key sites that I use are the online file […]

Posted in EPO, Patents, Tricks of the Trade, UK, US | Posted by Pete |

US Court Decision in DDR vs Leaves Door Open to Software Patents

I recently posted about a decision in the US in the case of CLS vs Alice Corporation which related to the patentability of software claims.   Subsequently, the Eastern Discrict of Texas has decided a case, DDR Holdings, LLC v., L.P., 2013 WL 3187161 (E.D.Tex. 2013).  You can read details on the informative Patently-O […]

Posted in Patents, software patents, US | Posted by Pete |

The Problem with Patent Trolls

In my last post I blogged about Rackspace’s victory over a patent troll. The same company were again busy the next week, launching a lawsuit against IPNav.   The suit was actually triggered when another company, Parallel Iron, sued Rackspace for infringement of some patents relating to the Hadoop Distributed File System. However, IPNav had […]

Posted in Patents, software patents, US | Posted by Pete |

US court confirms pure mathematics cannot be patented. A victory for common sense – or is there a sting in the tail?

On 27 March a judge in the Eastern District of Texas handed down a written order dismissing a patent infringement suit filed by patent troll, Uniloc against Rackspace, confirming that the patent involved, describes an invention that is purely a mathematical formula and so is not eligible for patent protection.   Procedurally the case is […]

Posted in software patents, US | Posted by Pete |