Friday, September 8, 2017

Software/E-Commerce Patent Eligibility: A Ray of Hope At Last

The category 5 patent eligibility hurricane might at last be abating. 

As readers of this blog know, the last 2-3 years have seen an adverse series of precedential court cases declaring most (if not all) e-commerce ideas and many software-related ideas as being patent ineligible “abstract” ideas.

Fortunately, President Trump has nominated a potential software patent champion to be the Director of the Patent and Trademark Office.  Andrei Lancu, the Appointee, is widely reputed to be a strong supporter of software patents.  While this support might/might not extend across the whole scope of software and e-commerce ideas, it is certainly a ray of hope.  For Mr. Lancu will be in a position to immediately modify (or maybe eliminate) the knee-jerk rejection of patent applications dealing with such subject matter.

He will also be in a position to influence policy in a number of ways.  Congress will likely give his input weight.  And he will be in a position to file amicus briefs (“friend of the court” briefs) in pertinent court cases and related appeals.  Accordingly, the sea change that this Blog Author has long hoped for might be in the forecast.  Be sure to check this blog for forecast updates.

In the meantime, we at the Villhard Patent Group would be happy to discuss your ideas and their potential patentability with you.  For more information about us, please see or call us at 512-897-0399.  We look forward to hearing from you.

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