New Fed. Circ. Guidance For Patenting Software Inventions
By Richard Marsh and Braden Katterheinrich (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...
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