'Zurko' raises issue of patentability standards; high court to rule on whether agency deference should apply to PTO patentability decisions

Article Abstract:

The issue in the Zurko case is whether an approach different from any set forth in the Administrative Procedure Act (APA) is permissible for the review of Patent and Trademark Office (PTO) decisions. The court addressed the issue after a PTO campaign to have decisions of its Board of Patent Appeals and Interferences reviewed according to APA standards. The Court of Appeals for the Federal Circuit partly justified its approach in Zurko, which may be affirmed by the Supreme Court, as helping to provide consistency in patent law.

United States, Patent licenses, Patent licensing

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Software companies implement patent strategies; key steps include restricting an application to one invention and avoiding extensions of time

Article Abstract:

Software companies should develop a patent strategy for patenting their programs. The Patent and Trademark Office guidelines and case law show that computer software is patentable as long as it performs a useful function, which makes software patent applications easier to write. Federal copyright law protects US computer software publications, but patents have the advantage of providing greater protection. Recommended procedures for developing patent strategies are detailed.

Licenses, Patents & Trademarks, Software, Intellectual property

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A bill of rights for software is issued; new PTO guidelines stress that computer programs be treated the same as other technology

Article Abstract:

The US Patent and Trademark Office has issued its Examination Guidelines for Computer-Related Inventions which stress that computer software should be treated the same as any other technology. Utilitarian software features are eligible for patent protection, while expressive and aesthetic aspects can be protected by copyright law. How claims should be drafted and how they are analyzed is detailed.

Laws, regulations and rules

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