U.S. Supreme Court,
Civil Litigation,
Intellectual Property
Apr. 24, 2018
Next steps for patenting software in the new normal after Bilski, Mayo and Alice
The dramatic drop in allowance and increased patent invalidation rates should be discussed with inventors and businesses so that they can make an informed decision on whether it is worth the time and money to secure patent protection on their software.
James C. Yang
Klein O'Neill & SinghEmail: jamesyang@koslaw.com
James is a patent attorney and helps inventors and mid-sized businesses secure intellectual property rights for their inventions. He publishes patent-related articles at www.ocpatentlawyer.com. He is the author of "Navigating the Patent System" and is a principal at Stetina Brunda Garred and Brucker.
Between 2010 and 2014, the U.S. Supreme Court decided Bilski v. Kappos, 561 U.S. 593 (2010), Mayo Collaborative Services v. Prometheus Labs., 132 S. Ct. 1289 (2012), and Alice v. CLS Bank, 134 S. Ct. 2347 (2014), addressing the big question of what types of inventions are eligible for patent protection.
These have been the most consequential decision...
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