Statutory subject matter and hybrid claiming

Article Abstract:

The case law shows that the Patent and Trademark office has developed a rule-oriented, workable system for judging the patentability of hybrid inventions, but documenting this practice would be of substantial assistance to the law. The classic form of hybrid invention is one in which non-statutory subject matter has been placed on a specific data storage medium. The storage medium is clearly statutory, while the information has previously, when considered in isolation, been ruled not statutory subject matter. How the law has treated hybrid claims historically is surveyed.

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Examination guidelines for computer-related inventions

Article Abstract:

The examination guidelines used by the Patent and Trademark Office for granting patents to computer-related inventions are given.. These are based on the office's current understanding of the law and binding precedent of the Supreme Court, the Federal Circuit, and the Federal Circuit's predecessor courts.The guidelines change the procedures PTO personnel will follow with patent applications drawn to computer-related inventions and are equally applicable to such inventions implemented in either hardware or software.

Standards, United States. Patent and Trademark Office

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