Comments on: Patentability of software patent claims http://www.startupsip.com/2012/09/05/patentability-of-software-patent-claims/?utm_source=rss&utm_medium=rss&utm_campaign=patentability-of-software-patent-claims Examining the IP strategy of today's hottest startups. Thu, 07 Feb 2013 11:35:45 +0000 hourly 1 By: Ben Hoyle http://www.startupsip.com/2012/09/05/patentability-of-software-patent-claims/#comment-275 Ben Hoyle Thu, 20 Sep 2012 15:02:10 +0000 http://www.startupsip.com/?p=887#comment-275 The sentiment appears to mirror the “further technical effect” approach found in Europe and the UK: i.e. a technical effect over and above a standard computer implementing a computerised method.

I agree though that the reference to “repetitive calculations” is a bit misleading and could be phrased better. However, I am not holding out hope of clarification from the Supreme Court any time soon.

In the meantime, I guess when drafting an application the key is to avoid the “abstract method description + boilerplate computer architecture” template that was used for many business method and software patents in the early 00s. From what I have seen of the recent US decisions, a technical (e.g. engineering/computer science-level) description that emphasises the differences from a manual method should help avoid patentability objections.

]]> By: Thinking about the design behind Design Patents - Startups and IP StrategyStartups and IP Strategy http://www.startupsip.com/2012/09/05/patentability-of-software-patent-claims/#comment-152 Thinking about the design behind Design Patents - Startups and IP StrategyStartups and IP Strategy Mon, 10 Sep 2012 13:08:33 +0000 http://www.startupsip.com/?p=887#comment-152 [...] Contact « Patentability of software patent claims [...]

]]>