Recent Developments in Software Patent Law: Do recent court decisions signal a software patent resurgence?

Tuesday, June 19, 2018

Since the Alice v. CLS Bank decision in 2014, owners of software-related inventions have had a difficult time establishing that their technologies should be considered patent-eligible subject matter. Under this decision and its progeny, patent examiners and courts alike had been finding that many types of software-related inventions were patent-ineligible abstract ideas, leaving patent owners with limited options to push back.

Fortunately, several recent developments seem to be re-opening the doors of the Patent Office to software-related inventions.

As the pendulum of patent eligibility swings back toward more openness, software innovators should ensure that their patent strategies are aligned with the new direction of the law.

Our program, "Recent Developments in Software Patent Law: Do recent court decisions signal a software patent resurgence?" will review these new developments and provide guidance for how institutional technology managers, startup executives, and other IP decision-makers can find opportunities in the changing landscape. Topics will include:

  •  Recent cases finding technical improvements in software-related inventions
     (Finjan, Core Wireless)
  • New decisions clarifying the factual basis needed to properly establish a subject matter eligibility rejection (Berkheimer, Aatrix)
  • USPTO memoranda, training documents, and public comments explaining how patent examiners should apply these heightened evidentiary requirements

Patent attorney David Sheldon will present this COJK-hosted program.

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