Patently-O: CLE: How to Draft Software Claims under Bilski
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Started by: zoobabzoobab
Date: 03 Nov 2008 16:11
Number of posts: 1
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Summary:
First, field-of-use limitations continue to be “generally insufficient to render an otherwise ineligible process claim patent-eligible.” Second, "insignificant postsolution activity will not transform an unpatentable principle into a patentable process." (quoting Diehr). Thus, merely reciting a specific machine or particular transformation will not bring a claim into the realm of patentable subject matter unless the recitation is more than mere insignificant postolution or extra-solution activity. Going forward, I do not believe that these limitations will have a significant impact on a skilled practitioner's ability to patent software innovations. However, I would like community input on how you might properly claim computer software in a way that avoids § 101 rejections?
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