Software patenting has come under intense scrutiny in the last decade. Since the landmark case, Alice Corporation PTY. LTD. v. CLS Bank International, there has been a slow trickle of patents found valid under 35 U.S.C. §101. In this seminar, we will review these court cases and distill the opinions down into a set of drafting tips that will increase the probability that your software claims are patentable.
• Overview of relevant software patent court cases
• Specification/claim drafting tips to hedge your bets for section 101
• Alternatives to patents for protecting software innovations
Aurora Consulting LLC President, Ashley Sloat, discusses with Sean Murray of Greenlight Podcast Aurora's past, present, and future; pressing issues in the patent space; and pros and cons of the Traverse City area. Have a listen and enjoy!
Correction: Two landmark cases were switched in my head during our discussion:
In Mayo Collaborative Services v. Prometheus Laboratories, Inc. (discussed in addition to Alice v. CLS Bank), claims found unpatentable were directed to a method of treating a patient including measuring metabolites of a drug and increasing or decreasing the dose of the drug based on the measured metabolite.
In Association for Molecular Pathology v. Myriad Genetics, Inc., claims found unpatentable were directed to isolated BRCA1 and BRCA2 DNA.
By: Ashley Sloat, Ph.D., President of Aurora Consulting LLC
I recently read an article about IBM collecting its marketing team back to an office building from their remote working situations. It made me think about Aurora’s distributed workforce and how I think our clients indirectly benefit.
Aurora has been able to collect amazing talent by not being limited to a geographical location and not requiring people to uproot their families to work with us.
I love the idea of letting people do what they love from where they love. Nothing is more soul-crushing (in my opinion) than spending hours of your day commuting rather than with family or working, in an office or cubicle trying to balance workload and socialization, or inside instead of on your patio.
Now obviously, not everyone is disciplined enough to work from home. There are those of us that will find any possible excuse to be doing something other than work while at home. Some of us even need more of a physical separation between home and work so that the mind can focus on each one independently of the other. BUT let’s not throw the baby out with the bath water. The work-from-home workforce 2.0 is already coming and it will be here to stay once it’s in full-force.
Also, there is so much technology at our fingertips today to enable “face-to-face” communication. For example, we at Aurora use Zoom and Google Hangouts for real-time face-to-face meetings that enable document sharing, screen sharing, and even your lovely face sharing.
So, while there is some need for or benefits of intra-office communication in some industries, I think the vast majority of industries will find that working from home is a wonderful start to finding impressive talent and happier employees and thus more satisfied clients.
Ashley Sloat, Ph.D.
Startups have a unique set of patent strategy needs - so let this blog be a resource to you as you embark on your patent strategy journey.