Drafting Software Patents Post-Alice: Lessons From Courts

Law360, New York (October 2, 2017, 2:38 PM EDT) -- Since the decision in Alice[1] three years ago, applicants, patent practitioners and even patent examiners are trying to sort out what is and is not an abstract idea in the software arts for patentability purposes. With no clear objective test, each new decision potentially provides guidance on what may be determined to be abstract, and also may provide clues on how to better structure claims and specifications to avoid or at least overcome Alice-related rejections. This article summarizes some of those clues and attempts to tease out practical guideposts from post-Alice decisions that may be helpful to prosecution of software-related inventions....

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