The Need for a Reliable Test of Software Patentability

The U.S. Patent and Trademark Office and the courts have long struggled with whether or not software should be patentable. While patent laws exist to encourage invention, monopolization of ideas—the building blocks of further invention—would be bad. Continue reading

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Procedures for Invalidating, Clarifying, or Narrowing a Patent in the Patent Office Under the America Invents Act

Prior to AIA, there were two ways for a third party to invalidate a patent in the patent office:

  • Interference under 35 U.S.C. § 135 & 37 C.F.R. § 41.202, which was extremely limited, as it required:
    1. Must have a patent application on file with claims drawn to the same invention as the patent;
    2. Patent office must agree that the claims are the same; and
    3. Must prove earlier invention and first to file won 90 percent or so of the time.

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