Category Archives: Software Patents

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Could Star Trek’s DATA Be a Patent Inventor?

Most of us know that DATA, the beloved android from Star Trek, The Next Generation, is an artificial intelligence (AI) life form from the distant future with a high capacity to problem solve and innovate. But, if DATA were present today and invented a new technology, could he be an inventor on a patent for … Continue Reading

New USPTO Guidance May Clear Path for More Technology Patents

On January 4, 2019, the United States Patent and Trademark Office (USPTO) released new Patent Examiner Guidance (Guidance) for subject matter eligibility. The updated guidance could benefit any technology patent applicant who has a computer-related invention — from smartphones to artificial intelligence — and who has previously had difficulty acquiring patents under the USPTOʼs procedures … Continue Reading

Drafting Software Patents After Recent Federal Circuit Decisions

The Federal Circuit recently issued two opinions directly impacting software patent practitioners. Grounded in 35 U.S.C. §112(f) (or pre–American Invents Act §112, para. 6), the cases deal with claims containing “functional language,” and hold that there must be detailed support in the patent’s specification that describes the “means” by which a claimed function is carried … Continue Reading
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