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United States Patent and Trademark Office › Software Patents › Patent Applications

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Fenwick & West LLP

How to Maximize Your AI-Assisted Invention’s Patentability

Fenwick & West LLP on

Artificial intelligence is rapidly reinventing the research and development process, but until recently, patentability remained a major uncertainty. That’s until the United States Patent and Trademark Office stepped in and...more

Buckingham, Doolittle & Burroughs, LLC

Dear Patenticity: Worried About Alice

Buckingham, Doolittle & Burroughs, LLC on

Dear Patenticity, My startup is working on what we believe is a game-changing software application and we are concerned about others taking our idea and fielding a competitive product based on our work. We would like to...more

Sheppard Mullin Richter & Hampton LLP

Patent Protection on AI Inventions

Sheppard Mullin Richter & Hampton LLP on

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. 1 are...more

Goodwin

Five Tips For Life Sciences Companies To Protect Their AI Technologies

Goodwin on

Artificial intelligence (AI) has revolutionized many technology areas. As a few examples, it has already been instrumental in improving and enabling voice recognition algorithms, digital assistants, advertisement...more

Fenwick & West LLP

Inventorship, Patenting and AI: The Public Comments on Patenting Artificial Intelligence Inventions

Fenwick & West LLP on

Use of artificial intelligence has grown enormously in recent years. A decade ago, machine learning was a new and exotic technology—at least, for mainstream commercial applications—with few companies patenting ML-based...more

Foley & Lardner LLP

Adjusting to Alice: USPTO Report analyzes patent examination outcomes after Alice Corp. v. CLS Bank International

Foley & Lardner LLP on

Software-related patent applications have been in a legal flux for a number of years, with a lack of clarity and predictability over what exactly qualifies as patent eligible subject matter. Many technology enterprises have...more

Foley & Lardner LLP

How to Overcome the Two Biggest Challenges of Patenting AI Technologies

Foley & Lardner LLP on

Two interwoven challenges come to mind when considering how to successfully patent AI technologies. The first of these challenges is drafting claims whose infringement is detectable despite the black box nature of AI...more

Brownstein Hyatt Farber Schreck

Federal Circuit Closes Door on Patentability in Chamberlain

Brownstein Hyatt Farber Schreck on

In The Chamberlain Group, Inc. v. Techtronic Industries Co., the Federal Circuit weighed in on the type of subject matter that can be characterized as an “abstract idea” and, thus, not eligible for patent protection....more

Sunstein LLP

January 2019 IP Update - New Guidelines Proposed for Functional Claiming in Computer-Related Inventions

Sunstein LLP on

In a second notice of proposed rulemaking (besides the one for patent eligibility) announced January 4, 2019 and published in the Federal Register on January 7, 2019, the Patent and Trademark Office has proposed guidelines...more

Chambliss, Bahner & Stophel, P.C.

Software Patents Get a Lifeline

Chambliss, Bahner & Stophel, P.C. on

Recent USPTO Guidance Offers Insight for Software Patent Eligibility - By now most of you have probably heard that "software patents" and "software patent applications" have had a rough time for the past 4 ½ years. Some of...more

Pillsbury Winthrop Shaw Pittman LLP

Evaluating the Evaluation: Breaking Down New USPTO Guidance for Patent-Eligible Subject Matter

Pillsbury Winthrop Shaw Pittman LLP on

New guidance may lead to fewer patent applications rejected on eligibility grounds - Patentable subject matter eligibility under 35 U.S.C § 101 has been the subject of much attention since the Supreme Court articulated the...more

Proskauer - New England IP Blog

USPTO Announces 2019 Revised Patent Subject Matter Eligibility Guidance

Proskauer - New England IP Blog on

On January 4, 2019, the United States Patent and Trademark Office (“USPTO”) released a significant, much-awaited revision to its patentable subject matter eligibility guidance. The “2019 Revised Patent Subject Matter...more

Knobbe Martens

New 101 Guidance from USPTO – What Does It Change?

Knobbe Martens on

On January 4th, the USPTO announced revised guidance for subject matter eligibility (Section 101 Revised Guidance) and stated it would take effect when published on Monday, January 7, 2019....more

Polsinelli

USPTO Issues Updated Guidance Focusing Examiners on Functional Language Used in Software Claims

Polsinelli on

The United States Patent Trademark Office (USPTO), issued updated examination guidance (Updated Guidance) for examining software claims defining an invention using functional language on January 7, 2019. ...more

Ward and Smith, P.A.

The Blockchain Revolution: Time to Ramp Up Your Software Patenting Effort?

Ward and Smith, P.A. on

As you read this article, hundreds of startups and other organizations are working on blockchain applications in such areas as energy trading, data storage trading, peer-to-peer lending, and verifying professional or other...more

Vedder Price

Overcoming Early Alice Rejections in Litigation

Vedder Price on

In 2014, the United States Supreme Court in a landmark decision in the field of Patent Law (Alice Corp. v. CLS Int’l) invalidated software patents related to mitigating settlement risk. Relying on the now-infamous Section...more

Fenwick & West LLP

Surviving Alice with an Appeal

Fenwick & West LLP on

This third article in the “Surviving Alice” series examines how the USPTO’s Patent Trial and Appeal Board has responded to the U.S. Supreme Court’s June 2014 Alice decision. It also shows how applicants can use the PTAB’s...more

Fenwick & West LLP

AliceStorm Update February 2017

Fenwick & West LLP on

As many of my readers noticed, I didn't publish any of my own blogs in January and February. As it turned out, I suffered from a peculiar form of seasonal affective disorder (SAD), what I would call SMIAD: Subject Matter...more

Mintz - Intellectual Property Viewpoints

Year in Review: The Most Popular Blog Posts of 2016

Mintz - Intellectual Property Viewpoints on

As 2017 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2016. According to the many readers of Global IP Matters, hot topics included navigating...more

Fenwick & West LLP

Two Years After Alice: A Survey of the Impact of a "Minor Case" (Part 2)

Fenwick & West LLP on

AliceStorm at the USPTO - While AliceStorm's effect is most visible in the courts, because of their public nature, the real impact is largely unseen: it is the widespread rejection of patent applications by the USPTO. ...more

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