Can I Patent My Software or E-Commerce Invention?

traverselegal - September 12, 2014 - Software Patents

Alice and Mayo’s recent U.S. Supreme Court decisions have restrictively impacted patenting software and Internet-related inventions. This month, the lower Federal Courts have expanded the trend by invalidating patents at the beginning of litigation. In the wake of this new law, can you still patent software? Can I still enforce my patent? What does this mean for patent infringement? What is the “abstract idea” exception to patentability? Patenting software and Internet commerce-related inventions has become tricky, but is it impossible? Is my Internet-related patent still valid? What are my chances of getting a software invention patent allowed?

If you are interested in an explanation of these latest developments in patent law, Traverse Legal PLC patent attorneys are ready to assist. Thinking of licensing or buying a patent but unsure how it measures up under the new law? Do you have a patent pending with the USPTO and seek advice on claim amendments in view of the emerging law? We can audit pending patent claims, patents, and patent portfolios in view of the recent law changes. If you are interested in patenting a new software or Internet invention, please contact us for a Section 101 Abstract Idea consultation so that you may have this information before deciding whether to pursue a patent and before spending time and money on having a patent application prepared and prosecuted.

Software as a Service (SaaS) is an innovative model that provides software applications over the Internet on a subscription basis. Unlike traditional software, which requires installation on individual devices, SaaS applications are accessed via web browsers, offering users the convenience of accessibility from any internet-connected device. This model eliminates the need for substantial upfront investments in software and hardware, as the SaaS provider hosts and maintains the application on their servers. Users benefit from automatic updates, scalability, and enhanced collaboration capabilities. SaaS also presents unique legal challenges, particularly in data privacy, intellectual property, and compliance with service-level agreements. Protecting innovations in the SaaS space through patents can be complex, especially given the evolving legal landscape influenced by decisions like Alice and Mayo. These rulings have raised the bar for demonstrating that software-related inventions are more than abstract ideas. Therefore, SaaS companies must work with experienced patent attorneys to develop robust strategies for patenting their innovations, ensuring that they meet the necessary legal standards and can effectively protect their intellectual property in a competitive market.

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