How Structural Claim Limitations Can Save Software Patents

Law360, New York (February 9, 2016, 11:09 AM EST) -- Critics of software patents argue that patents for software stifle innovation and impose unnecessary costs.[1] A major area of concern with software patents is the way in which the claims are written, i.e., using arguably ambiguous and overly broad functional claim limitations. In this article, I won't attempt to argue the issue of whether patents are needed to incentivize innovation and public disclosure in the software industry. Instead, I will review why functional claim limitations are used and how they can sometimes be unclear or overbroad. In this regard, I will then discuss how structural claim limitations may be used effectively...

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