Many technology companies have not embraced patent strategies for protecting their software-related inventions, and instead have embraced the open-source ethos, which forgoes proprietorship and emphasizes decentralized, iterative collaboration between companies and individuals. While the open-source model can nurture innovation and creativity, it leaves many technology companies with few options to sell, license, or otherwise monetize the software and technology they produce. A recent spate of legal developments should prompt software developers and tech companies to reconsider their attitudes toward intellectual property protection.
Late last year, the United States Patent and Trademark Office (USPTO) updated its guidance for software-related patent applications, publishing three new examples of subject matter eligible for patent. This publication coincided with several significant rulings by the Court of Appeals of the Federal Circuit (CAFC), including Trading Technologies International, Inc. v. CGQ, Inc., in which the court rendered a decision that seems to favor inventors and challenges long-held assumptions about subject matter eligibility for software claims. The tide appears to be turning away from the uncertainties and confusion that erupted following the Supreme Court’s ruling in Alice Corp. v. CLS Bank International. In short, there is emerging an optimism that courts and the USPTO are turning against an assumption and general classification of software-related inventions as unpatentable on the grounds they represent merely “abstract ideas”.
Now, with clarified guidance of what the USPTO is looking for in a patent application, and a more positive assurance of how software-related patents will be viewed – and validated – by the courts, organizations should evaluate the financial opportunities that patents and patent protection present. The recent publication CAFC Rulings on Software Patenting, by Richard Gilly, provides a more in-depth analysis of recent court cases on this topic.
Questions about software patents or other intellectual property issues? Please contact Kristin Nevins at knevins@offitkurman.com or 267-338-1305.
ABOUT KRISTIN NEVINS
knevins@offitkurman.com | 267.338.1305
Kristin Mazany Nevins is a member of Offit Kurman’s Intellectual Property (IP) Practice Group and is a registered patent attorney.
Ms. Mazany Nevins practice encompasses all aspects of intellectual property law, including identifying and classifying IP assets, IP procurement, IP portfolio management, and enforcement of IP rights.
Ms. Mazany Nevins has significant experience in preparation and prosecution of patent and trademark applications and USPTO practice; IP portfolio development for individual inventors and corporations; drafting license agreements, joint development agreements and technology service agreements; as well as efficient IP due diligence in connection with mergers and acquisitions. Industries served include: biotechnology, pharmaceutical, medical devices, chemical engineering, environmental science, high technology, and e-commerce.
ABOUT OFFIT KURMAN
Offit Kurman is one of the fastest-growing, full-service law firms in the Mid-Atlantic region. With over 135 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our eleven offices serve individual and corporate clients in the Virginia, Washington, DC, Maryland, Delaware, Pennsylvania, New Jersey, and New York City. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.
You can connect with Offit Kurman via our Blog, Facebook, Twitter, Google+, YouTube, and LinkedIn pages. You can also sign up to receive Law Matters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.
MARYLAND | PENNSYLVANIA | VIRGINIA| NEW JERSEY | NEW YORK | DELAWARE | WASHINGTON, DC
