Intellectual Property Law Knowledge Center

Posts Tagged ‘Request for Continued Examination (RCE)’

What is the Status of Patents for Software Inventions, Post-Alice?

October 15th, 2015

It has been more than a year since the U.S. Supreme Court issued its decision in Alice v. CLS Bank which ruled that the two-step Mayo analysis should be applied to all patents in determining patent eligibility under 35 U.S.C. 101. While this analysis provides a few bright line rules (e.g., implementing a known process using generic computer elements is not patentable), it failed to offer any clarity regarding how to perform the two-step Mayo analysis on software inventions, which requires determining whether an abstract idea is recited, whether there is preemption of the abstract idea, and whether an “inventive concept” is recited such that the invention is directed to something “significantly more” than the abstract idea itself.

Read more

Email Disclaimer

Sending an email to our office does not create an attorney-client relationship, and none will be formed unless there is an expressed agreement between the firm and the client. Thus, we strongly advise against sending confidential or privileged information to us until you can establish such a relationship. Furthermore, we advise against sending privileged or confidential information through email at all, since we can in no way ensure the security of your email. In fact, neither this website nor the email system involved is encrypted, so you should not assume that your email is confidential. We cannot guarantee that someone else will not see it.

Do you agree to this Email Disclaimer?

I Agree I Do Not Agree