New Fed. Circ. Guidance For Patenting Software Inventions

Law360, New York (January 26, 2018, 12:49 PM EST) -- In Finjan Inc. v. Blue Coat Systems Inc., the Federal Circuit continues to refine its approach to patent eligibility under Alice v. CLS Bank, and solidifies a set of concrete criteria for determining when software-based inventions provide a technical improvement and thus become eligible for patent protection. In particular, Finjan demonstrates that patent eligibility for such inventions requires: (1) a distinct improvement over conventional approaches to a technical problem and (2) claims that recite particular means to accomplish that improvement, as opposed to claims that simply recite the improvement. While the application of these criteria will be a fact-specific inquiry, subject to...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!