JD Supra

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

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