Updated: Apr 25, 2019
Developments in technology are increasingly software based, yet intellectual property bodies have traditionally been stingy about protecting software. Recent developments are changing things.
35 U.S.C. 101
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The U.S. Patent and Trademark Office is the primary body for granting intellectual property rights in the United States.
Much of the modern economy is driven by software development. Companies are creating and refining new apps that run on mobile devices, and using machine learning to provide users with personalized user interfaces and content. Consumers expect intuitive and polished interfaces. After devoting significant energy and resources to developing software, many companies seek to protect their intellectual property. Unfortunately, a bewildering legal gauntlet confronts them. At the threshold of this gauntlet lies a major obstacle: is their software even “eligible” for patent protection?
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