Patent Attorney and Founder
Hi everyone I’m JD Houvener the host of the bold today’s show were you the inventor entrepreneur or business owner get your daily dose of inspiration to make the world a better place happy Monday everybody I’m sure you’re all excited thank you for joining me here on the bold Today Show this week what are we talking about software and how software fits in to the patent world there’s been a lot of negative press about patents and software and how they just aren’t compatible well I’m here to tell you this week some very fun news about the Federal Circuit and now the Supreme Court has been put on the spot and actually has recently said they are allowed patent eligibility and so we’re going to explore how each of these different patents as they progress through the Patent Office how they’ve been allowed into the issued granted group of patents out there so this first date we’re going to take a take a look at the high level take a step back and first get a feel for okay what are we talking about how to software fit within the the statutory rules within 35 USC 101 so there are four main types of patents you can get that are called utility patents okay as we’re talking about machines manufacturers compositions of matter and processes okay when software is written down in terms of claims they are for the most part going to be claimed as processes these are steps methods approaches of manipulating tools software data electrons even gadgets and devices in specific ways through computerized means it’s going to be an articulation of a process the other way is software could come about is through a machine right at the reaction device and you’re using a computer to move or to change atoms right to change the world whether it be temperature electrons moving the actual volume or capacity the pressure something in real life is changing through a machine and this is all kind of coming about recently with this Internet of Things IOT acronym that’s been floating around so either through processes or machines software patents are eligible under 35 USC Section 101 so that’s the lay of the land I’ve given you a kind of the basis of the law on this first day tomorrow we’re going to jump into the heart of it talk about the most one of the most recent decisions a few years ago that set the course for patents and that is CLS versus Alice so there’s the cliffhanger for you we’ll talk tomorrow if you didn’t you’ve got questions about this maybe you’ve got a software patent idea and you want to get it looked at by an attorney feel free to give us a call at [Music]
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