When is software that automates a human task patentable?

LQ PatentCast: MCRO v. Bandai Namco


Summary:When is software that automates a human task patentable?

When is it too abstract to be patentable? In this special edition of the post-Alice software PatentCast series, Craige explains how the automation software claims were indeed patentable. Craige extracts key themes that pop up in many software litigations, and explains how to apply the lessons learned to create and enforce Litigation Quality Patents®.


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Doug Denny Q-Up Technologies, LLC

Craige Thompson is “The Examiner Whisperer"

I own and run a small software company. As a result, I routinely come in contact with professionals of all types and levels of competency. Today, I witnessed first hand, a seasoned legal professional who has absolutely, mastered his craft. I witnessed first hand this morning, as a very rare participant on a conference to the US Patent And Trademark Office, (USPTO), a patent attorney known as “The Examiner Whisperer” calm a wild horse while simultaneously serving the winning ACE at the Wimbledon Finals.My company was facing the bottom of the ninth with two outs and the winning run on third. We were challenging the Examiner’s Final Office Action decision to reject our patent application, on what we felt was faulty reasoning and Error of Fact in decision. Craige “The Examiner Whisperer” Thompson, at Thompson Law was called in, and drove in the winning run!He professionally and calmly explained the situation to the Examiner siting fact and reasoning that actually lead the Examiner to point out to Craige, the obvious conclusion was, the decision was wrong and the Notice of Allowance would be sent.As the inventor of the software, having been invited to sit in on this rare conference call, I am only the second person in Craige’s long career, to actually witness this highest degree of diplomacy happening. That being, leading an Examiner to do what we wanted him to do, that being to make the only decision he could actually make, and be actually satisfied, that it was his idea. Truly amazing, was this experience. I highly recommend you read Craig’s new, best selling book, “Patent Offense” and give Craige a call for any patent questions you may have. And if you are lucky, very lucky, you just might witness “The Examiner Whisperer” toss the ball in air with everything on the line and drive that ACE past the Examiner, who didn’t even see it coming – to win it all! Thanks Craige, job well done!