Software Patents: When is Enough Enough?
Developing a Disclosure for Software Patents:
- Discuss with the inventor the technological underpinnings of the novel functional aspects of the software and how those technological considerations support that function.
- Discuss with the inventor details that link the novel functional aspects of the software description to those technological underpinnings.
- Ask the inventor to explicitly describe why the invention is more than the expected sum of its parts. Why couldn’t a software engineer, faced with the same problem, come up with the same solution?
- When drafting, include these details explicitly in the specification.
Source: JD Supra, LLC