Patent Law Practice Center

Article Of Manufacture Claims for Software Inventions: Should They Be Included in Your Patent?

Burt Magen, partner at Vierra Magen Marcus & Deniro LLP and Practice Center Contributor passed along this article he wrote entitled Article of Manufacture Claims for Computer Related Inventions.  According to Magen, article of manufacture claims can offer advantages over apparatus and process claims, including providing an easier mechanism for enforcement of the patent.  With the knowledge provided in his article, Magen says, “patent practitioners can efficiently draft appropriate article of manufacture claims to more effectively protect software inventions.”  Here is the Introduction:

The software industry is growing and becoming more important to the global economy.  As a result, the number of software patent applications has increased dramatically.  To maximize the value of software patents, it is important that the claims of such patents properly protect the invention.  Typically, software patents include apparatus claims, method claims, and/or article of manufacture claims.  Because of the nature of the software industry, for some inventions the article of manufacture claims may be the most important class of claims.  Yet, many software patents do not include article of manufacture claims or include an incomplete set of article of manufacture claims as an afterthought. (more…)

Why Open Source Stalls Innovation and Patents Advance It

Written by Gene Quinn (IPWatchdog and Practice Center Contributor)

Over the last couple weeks I have been giving more thought to open source software and what, if any role it has to play with respect to the economic future of both start-up companies and established giants.

My belief is that open source can and should play a vital role in innovation, but the way it is by and large carried forward today does little to forward innovation and an awful lot to significantly disadvantage start-up companies.  The horribly bad advice that pervades the open source community and the utter lack of knowledge or familiarity about patent law is staggering.  I don’t begrudge anyone who doesn’t like the patent system, but can you please at least not like it for a valid reason?  With the myths and disinformation spewed by those who are either clueless and loud, or those who know better and have an agenda, are drowning out rational debate and significantly impeding progress and innovation.

Just the other day I received an e-mail from an individual asking a few questions about my opinions and views of open source software. I had been planing on writing about this for a while, and this is what prompted me to stop thinking and start writing. (more…)

More on the Bilski Decision….

I just finished watching IPWatchdog give a live analysis of the Bilski decision on USTREAM.  Here are some more of Gene Quinn’s thoughts on the Decision….

— “The Majority relied on a common meaning of processes when deciding that processes could be patentable, but clearly said the machine-or-transformation test could not be the only test.”

— “All nine justices agreed that an “abstract idea” is unpatentable. I don’t see where in the opinion the Court really defines what is an upatentable abstract idea.” (**read more about abstract ideas below)

— “We don’t have a new test from the Supreme Court.  The Court did what it has done before… telling the Federal Circuit you got it wrong, go back and figure it out.  We clearly need more definition from the Federal Circuit as to what is patentable.”

–Quinn concluded “Pure business methods are in trouble.  But, if you write a good quality application that deals with software where there is a tangible element or some kind of physical structure, you’ll be good to go.”

–“I’m afraid the Decision raises more questions than it answers.”

For more on the Bilski decision, tune in on Wednesday, June 30th, at 1:00 pm for  PLI’s Hot Topic Briefing: Bilski v. Kappos: The Supreme Court Rules on Patentable Subject Matter where an expert panel including Scott M. Alter of Faegre & Benson LLP and Douglas R. Nemec of Skadden, Arps, Slate, Meagher & Flom LLP, co-chairs of PLI’s 4th Annual Patent Law Institute, Gene Quinn, patent attorney blogger and a principal lecturer in the PLI Patent Bar Review course and John M. White, PLI’s Director of Patent Professional Development as they discuss the implications of the decision, and what it may mean for your practice or your company. (more…)

Bilski v. Kappos: A Recap Before Decision Day

 

As the entire patent community waits with bated breath for the Bilski decision, it seems like the perfect time to recap the course of events that have brought us here.  Yesterday, IPWatchdog had a guest blogger, Robert M. Suarez, who did just that in his article, “Mr. Bilski Goes to Washington: An Abridged Guide.”  It is an excellent summary of the Bilski case.  

Before he offers his guide to the case, Suarez writes, “For all of the opinions, articles, and conjecture, all one need do is study the law and look at the precedents to know that anticipating how the Supreme Court will rule in a case is akin to trying to gaze into a crystal ball. So, what will be the future of business methods as patent-eligible subject matter? Will the machine-or-transformation test stand? What will be the fate of the Bilski patent? An educated guess is the best that one can hope for in this situation.” 

Well said Suarez!! (more…)