LQP PatentCast: Electric Power Group LLC V. Alstom

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Craige Thompson

Craige is an experienced engineer, accomplished patent attorney, and bestselling author.

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✎Executive Summary1 min read
Key Takeaways
  • Software is patentable, but many software patent applications fail either during prosecution at the Patent Office or later in litigation.
  • The Supreme Court’s Alice decision plays a central role in determining which software patent claims survive and which do not.
  • Craige walks through how to evaluate whether a software claim is likely to survive an Alice-based challenge.
  • He identifies certain “red flag” phrases in claim language that tend to signal potentially weak, Alice-vulnerable claims.
  • A patent office action is a normal part of the software patenting process, notifying the applicant of problems with some or all claims and what must be fixed.
The Bottom Line: Software patent claims need to be drafted with Alice’s eligibility framework in mind, and watching for known “red flag” phrases can help identify and avoid weak claims before they become a problem in prosecution or litigation.

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.

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