Nearly four years after the Supreme Court’s decision in Bilski v. Kappos, the scope of patent eligibility for computer software remains unresolved. The U.S. Patent and Trademark Office (PTO) and the Federal Circuit continue to search for the appropriate test to determine whether software patent claims invoke the “abstract idea” exception to patentability. The PTO recently formed a partnership with the software community including roundtable discussions to share ideas and insights on software patenting. And, in a hotly watched case, the Federal Circuit, sitting en banc, heard oral arguments in CLS Bank v. Alice Corp. regarding the extent to which a computer recited in a claim renders the claim patent-eligible under 35 U.S.C. § 101. In addition, a string of recent cases have demonstrated other potential hurdles to software patent claims under the disclosure requirements of section 112 related to disclosure of software algorithms.
This panel will discuss these recent developments at the PTO and the Federal Circuit, and present strategies for protecting software innovations. Topics will include:
• Highlights from the recent roundtable meetings of the PTO’s new Software Partnership
• Overview of the issues before the Federal Circuit in CLS Bank, including key issues raised during the en banc oral argument
• Impact of recent cases on adequate disclosure of algorithms to support software claims
Linda J. Thayer
John M. Mulcahy
Date:
Thursday, March 14, 2013
1:00 – 2:00 p.m. EDT
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
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