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Practical considerations during the uncertain times of software patent eligibility
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Journal Article
Practical considerations during the uncertain times of software patent eligibility
2013
Overview
For some years now, courts have struggled with the question of defining and identifying what is patentable subject matter versus what qualifies merely as an unpatentable abstract idea. Recent Supreme Court cases, such as Bilski v. Kappos, Mayo v. Prometheus, and AMP v. Myriad, do not provide much guidance on patent eligibility, particularly in the area of software patents. In the wake of these decisions, there have been calls for clarity among courts and practitioners alike. Until clearer guidance is provided from the courts, practitioners are forced to find ways to effectively address software patents in an unpredictable legal environment. This article first focuses on the recent cases bearing on these issues and then presents practical takeaways from those cases.
Publisher
Aspen Publishers, Inc
