Patenting Software Methods

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Software methods can be patented in the United States if the application is prepared to describe and claim subject matter legally defined as being patentable.

Under Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014) analyzing a claimed software method involves two steps. In step one, the claim language is interpreted to find if it is directed to an “abstract idea,” such as an algorithm, method of computation, or other general principle. If the answer is “no,” then the claim is patent eligible and you do not go to step two. If the answer is “yes,” go to step two. In step two the claim is interpreted to find if it recites “something extra” that embodies an “inventive concept.”

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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