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." Historically, this been interpreted to "include anything under the sun that is made by man."
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, organize digital photographs from a cell phone, and determine pixel colors to create better electronic images, such as those...
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