PatentNext Summary: In some instances, software-based patent applications can fail to include a sufficient algorithm describing “how” the software interacts with the underlying hardware of the invention. This can lead to issues in both prosecution and litigation, creating unnecessary expense
Patenting Software-based Medical Devices (Part 1)
PatentNext Summary: The development of modern medical devices increasingly includes the use of software for performing sophisticated diagnostic or treatment-related functions. In fact, the U.S. Food and Drug Administration (FDA) now defines specific categories of software-based medical devices that include
Patenting Software Inventions in Korea and the U.S.
PatentNext Summary: Computer and software-implemented inventions, especially in the field of Artificial Intelligence (AI), have experienced explosive growth in both Korea and the U.S. This article compares the similarities and differences between the patent laws of the two countries and
Why including an “Algorithm” is Important for Software Patents (Part 1)
PatentNext Summary: As a general rule, software-related patents should include an algorithm. An algorithm provides support for a software-related patent in a variety of ways, one of which is to provide support for a claim determined to be a “means-plus-function”
Can an Artificial Intelligence (AI) be an Inventor?
PatentNext Summary: Currently, patent laws require human inventors. For this reason, no country or legal jurisdiction presently allows an Artificial Intelligence (AI) to be an inventor. Such patent laws, however, are typically decades old and we can expect continued debate,
How to Patent an Artificial Intelligence (AI) Invention: Guidance from the U.S. Patent Office (USPTO)
PatentNext Summary: AI-related inventions have experienced explosive growth. In view of this, the USPTO has provided guidance in the form of an example claim and an “informative” PTAB decision directed to AI-related claims that practitioners can use to aid in
How the Courts treat Artificial Intelligence (AI) Patent Inventions: Through the Years since Alice
PatentNext Summary: Because AI is a relatively newer technology, court cases analyzing AI-related patents have been few in number. Given the increased numbers of AI patent filings, as recently reported by the USPTO, we can expect to see future court
How to Patent Software Inventions: Show an “Improvement”
PatentNext Summary: When preparing a patent application for a software or a computer-implemented invention, a best practice includes describing, in the patent specification, how the software or computer-implemented invention improves an underlying computing device. Examples include describing how software or
Are Software Inventions Patentable?
PatentNext Summary: Software-related inventions are patentable. Considerations for patenting software-related inventions include: