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The US software patent environment is very different in the year following Alice v. CLS than in the year after State Street v. Signature . It was expected that when the Supreme Court finally had to take a view on eligibility of subject matter, things would change. After years of waiting for the other shoe to drop, it did (in a strange multi-stage process involving Bilski v. Kappos, Mayo v. Prometheus and Alice) – but nobody seems terribly sure where it landed. (more…)
On 20th September 2013, as part of a CIPA series of webinars, Seth D. Levy (Nixon Peabody) gave a very clear presentation on the state of play with respect to patentable subject matter cases in the US.
Before we get into the review of the presentation it is worth pointing out that although the focus of the talk was on medical diagnostic claims (“a challenging area these days in the US”), there is uncertainty whether there may be wider implications for the software and business method fields in the US.
As such, and speaking as a “software” patent attorney, the subject matter of this presentation should be of interest to all patent attorneys and other interested individuals regardless of their technical field.
The talk covered the following general areas: background to the current state of case law in the US (essentially the Supreme Court prior to Myriad Genetics); Myriad and its aftermath; USPTO Guidance; and prosecution tips. (more…)