traverselegal - January 28, 2016 - Patent, Software Patents
Even though it is no longer as easy to get a software patent in the U.S., software is still patent eligible. Generally speaking, a software patent refers to a patent directed to a computer implemented process. Software patent applications that describe ways a computer implemented process is faster, more accurate, provides enhanced functionality, etc. are more likely to be granted than those that just use a computer to perform an existing process more efficiently.
The USPTO issued guidance to patent examiners regarding software patents (see link below) which emphasized that patents involving abstract ideas implemented using computers must include elements that claim “significantly more” than the idea itself. As a result, it is critical to work with patent attorneys that understand the current law and can incorporate the law into patent-drafting strategies involved in showing that a computer implemented process is more than just an abstract idea. Future decisions by the Federal Circuit or the USPTO could significantly change the rules regarding what is patent eligible.
Feel free to contact a Traverse Legal patent attorney to help protect your software-related invention and guide you through the complex area of software patent law.
The USPTO “July 2015 Update: Subject Matter Eligibility” Guidelines can be found here: