In re Alappat: a strict statutory interpretation determining patentable subject matter relating to computer software?

Article Abstract:

The Federal Circuit Court's decision in In re Alappat creates a potential problem in its broad interpretation of the means-plus-function test for the patentability of computer software. The case allowed traditionally non-statutory subject matter to be patented because the program was integrated into the actual structure of a standard personal computer. This ruling undermines the examination principle and opens patent law to broad interpretations covering subject matter not originally considered patentable.

---

Reinventing the examination process for patent applications covering software-related inventions

Article Abstract:

The three-prong test used by the Patent Office for software programs is not consistent with the Supreme Court's decisions in the Benson, Flook and Diehr cases and should be modified. The current test emphasizes the status of an algorithm within prior art, making it a burdensome process for the Patent Office. Assuming that any relevant algorithm already exists in prior art would allow the office to focus on the newness and non-obviousness of the software, and make patent decisions based on this newness.

Standards, Analysis, Algorithms, Prior art (Patent law), United States. Court of Customs and Patent Appeals

---

Computer software: patentable subject matter comes of age

Article Abstract:

Computer software may be more easily patented now that the Court of Appeal for the Federal Circuit has decided in State Street Bank & Trust Co. v. Signature Financial Group that some exceptions do not apply. This article traces the exceptions, why there were struck down, and what the decision will mean for patent law.

United States, Prepackaged software, Computer Software, Software Publishers, Evaluation, Computer software industry, Software industry

Similar abstracts:

• Abstracts: Statutory subject matter and hybrid claiming. Examination guidelines for computer-related inventions
• Abstracts: Invasion of the information snatchers: creating liability for corporations with vulnerable computer networks. Privacy on federal civilian computer networks: a Fourth Amendment analysis of the Federal Instrusion Detection Network
• Abstracts: Subscriptions for direct broadcast satellite and cable television in the US: An empirical analysis. Effects of capacity constraint on US-African telephone traffic
• Abstracts: On price elasticities of international telecommunication demand. The pricing of international telecommunications services by monopoly operators

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.