Patent Attorney and Founder
Hi everyone I’m JD Houvener and welcome to the bold today’s show review the inventor and entrepreneur gets your daily dose of inspiration to make the world a better place okay we’re in our last session about blockchain and cryptocurrency today I learned a feature a good challenge for you that’s gonna be good for the weekend right it’s Friday don’t you you know work hard today hustle min on Saturday morning or Sunday morning if you got some time to yourself I’m going to brainstorm put down ten right just whatever it is whatever comes to mind information data that your company uses and interchanges with the third party how might that data be verified on the blockchain that’s a great way to think about how that’s going to impact court of technology they’re going to be implemented into your daily business so maybe that maybe you buy products overseas maybe you send money periodically to a financial institution even paying employees we do that using a third party payroll think about how that information could be better protected and could be done more efficiently on the blockchain okay today we’re going to focus on one of the most famous cases in all of software and this is CLS Bank versus Alice and it’s not necessarily this case but one of the cases that preceded it after it I want to give you a little bit of background so in this case often called the Alice case in 2014 the Supreme Court said that software patents that merely do things that have already been done in real life and put them on the computer are not patent eligible right just simply putting a non-obvious implementation in real life into the technical cloud of the internet or using a computer is not sufficient to make it novel and functional it isn’t actually no longer eligible under the law they also mentioned the fact that abstract ideas things that can purely be done in the ether without really avid any evidence in the tangible world are also drawn to abstract and may not be eligible for patenting and so for a little while a little over a year many many patents that have already been issued or struck down and invalidated under the same prints premises there was a big case it’s called DVR holdings in this case the the patent we got we’re going to show up here will abbreviate is the 339 patent made a claim for advertising and you may be familiar with this as you as you browser on the internet but when you make a click onto a once you’re on a web site and you make a click to go to an ad instead of going directly to that ads homepage there’s actually an intermediate window that pops up and allows you to basically make sense of an order whether you want to proceed to that third party page or go back to that original page you are on in fact you know it could be that you accidentally clicked it so that step right that intermediary window that pops up is what this patent was for okay so purely a business method and certainly a computer implemented invention that’s what the claims surrounded right there were a couple of their dependent claims that get more specific but that’s kind of the high level and this patent it was not rejected it was upheld by the Federal Circuit and it was the first of its kind to go through all the analysis that the Alice principles went through and determined that there was enough functionality enough deviation from standard ways of doing business that were on the computer and so this is a very fascinating big case again the DDR Holdings case can be researched and we got the the formal citing and referencing there for you to go pull up the case if you want to read that in more detail so I hope you all enjoyed this session on cryptocurrency and computer software we’re going to be hitting this again and again because it is one of the most innovative areas of patent law one area I wanted to talk about with cryptocurrency is if you’re these applications are proceeding through one way to avoid getting an Alice rejection is to put things into the claim that do more than just standard computer terms right you’ll want to mention security features like hashing you want to put in specific details about the decryption and you want to put things instead of a financial transaction you want to put in the distributed ledger technology use words like that as opposed to just financial transactions it’s going to help you get the application move forward quicker it’s been a pleasure talking with you I’m your host JD Houvener of the bold today show hope y’all have a wonderful weekend go big go bowl
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