Is software patentable?

Yes, software can be patented. However, the road to a granted patent may be long, frustrating and expensive. What makes software patentable? Just like any other type of invention, software must be novelĀ and non-obvious. The extra hurdle that software and business method applications must overcome is the requirement of patent eligibility. A software invention must […]

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How to respond to a Section 101 ineligible subject matter rejection

What does patent ineligible mean? Not everything is patentable. US courts have recently drawn a line between eligible versus ineligible subject matter for patent protection. The problem is that line hasn’t been very clear. A rejection under 35 USC Section 101 means that the patent examiner believes what is claimed is ineligible for patenting. Eligible […]

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