A Recurring Problem In Patentability Of Computer Software

Law360 (February 22, 2018, 1:38 PM EST) -- Section 101 of the United States Patent Act protects "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."[1] Historically, this been interpreted to "include anything under the sun that is made by man."[2]

From 2014 to 2017, however, the Federal Circuit has rejected an overwhelming majority of patents for computer-implemented inventions as ineligible for protection under Section 101. The rejected patents include claims for software to automatically migrate computer settings during an upgrade,[3] organize digital photographs from a cell phone,[4] and determine pixel colors to create better electronic images, such as those...

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