Civil Litigation,
Intellectual Property
Sep. 6, 2018
Federal Circuit ruling may affect patent eligibility arguments
A recent Federal Circuit opinion shows that not all improvements in computer and software-based claims will qualify as being to a computer or technological process.
[Federal Circuit rulings attached below]
In order to have a chance of overcoming rejections under 35 U.S.C. Section 101 -- the statute that defines the type of subject matter eligible for patent protection -- patent specifications should be drafted to specifically highlight the technological improvement, and how it contrasts with existing conventional technology.
Since the U.S. Supreme Court decision in
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