Summary: Patenting Software: Red Flags to Check For

Software is patentable – we do it here at TPL all the time. But many software inventions die a slow, and painful death in the patent office. Many others are killed off in litigation – all due to a Supreme Court case called Alice. Alice shapes which software claims thrive, and which don’t survive. In today’s EPG case, Craige explores how to identify whether claims will survive Alice. Craige also offers some Litigation Quality Patent practice pointers – including “red flag” phrases that are symptoms of potentially weak claims.

Patent Claims

Actually, they are a normal part of the process of patenting software. An office action serves to notify the applicant of problems with the application, whether it’s regarding some or all of the claims and what must be done to make the claim patentable.