Saturday, April 11, 2015

Retroactive changes to patent eligibility law

"Understand that there is no such thing as a quick, cheap and easy software patent any more. Perhaps there never should have been, but you really cannot blame patent attorneys for writing software patent applications in ways that explained software as a method.

"Yes, it is now clear that Courts, particularly the Supreme Court, will not allow software method claims. But if we want to be intellectually honest software is best described as a method. Software is not an abstract idea, and it is not some product of nature. Software instructs a machine to operate in a specific way to accomplish a specific task. The fact that judges cannot understand the nature of software doesn’t change the reality that software is best understood by a method."

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