Acquiring patent protection for software innovations requires special expertise. Recent court decisions have imposed restrictions on what constitutes patentable subject matter. In addition, while many other innovations derive their novelty from structural or compositional traits, software innovations usually derive their novelty from function. All of this combines to make software patents a difficult area to navigate – a mistake by your patent prosecutor can turn what should be a valuable software patent into a worthless piece of paper with a pretty ribbon on it. For example, the Federal Circuit recently ruled that a popular way of claiming software inventions (Beauregard claims) was actually invalid.
We have extensive experience prosecuting software patents, and we understand how to navigate all of the different requirements to ensure that your invention actually receives the protection that it deserves. Not only that, we stay abreast of the current trends in the law – we stopped using Beauregard claims well before the Federal Circuit ruled they were invalid.
If you have a question about software patents, please feel free to reach out to us via telephone or email. You may also fill out our online inquiry form and we will strive to get back to you within 24 hours.