In many ways this
represents good news. For one thing, those of us advising Entrepreneurs can at last give a reasonably good forecast as to
whether certain software methods will hit the patent eligibility road
block. And if that trend continues (an “if” admittedly) it also
tells those of us helping entrepreneurs what to focus the
applications on (the technical merits of the idea).
The emerging
(perhaps?) trend also lends Entrepreneurs a hand in determining
whether to move forward with a patent application for their ideas.
And, on a similar note, it helps them identify what to focus on in
their discussions with their Patent Attorney. In particular, both
the Entrepreneur and Patent Attorney should focus on how the idea
helps a computer work better. Better, of course, can be defined in
terms of faster, more efficiently, more reliably, and/or doing some
other technical feat not previously possible.
The first three
points should be self-explanatory. But, perhaps, the latter point
needs a little elaboration. In one case, the Fed Circuit found a
“self-referential” database to be patent eligible. In short,
this new technology included a feature in the software that allowed a
database to include a link to itself – self referential. And that
was a enough to get that application over the eligibility threshold.
Thus, for now, we at
the Villhard Patent Group continue to recommend moving forward with
(at least provisional) patent applications for software/business
methods. Of course, as we have written in other posts, Entrepreneurs
in the software/business methods arena should be aware that patent
eligibility will be an issue with their applications.
We at the Villhard
Patent Group would welcome an opportunity to discuss this issue with
you with regard to your idea. We can be reached at 512-897-0399 or
contact@villhardpatents.com.
For more information about us please see www.villhard patents.com.
We look forward to hearing from you soon.
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