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By Ashley Sloat and Kristen Wolff 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. However, in the event that your software claims are not a good fit for patenting, we will also discuss various alternative strategies for protecting software. These alternative strategies include advantages and disadvantages that we will also discuss. Part 1 • Overview of relevant software patent court cases • Specification/claim drafting tips to hedge your bets for section 101 Part 2 • Alternatives to patents for protecting software innovations • Advantages and disadvantages to not patenting software
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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. Archives
September 2023
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