In Part I of this series, we discussed how patent portfolio managers should be careful when generating company-owned prior art or reviewing competitor prior art, and how a patent litigation or licensing campaign can be significantly hamstrung based on how the United States and Europe consider intervening prior art. In Part II, we will focus on software patents with U.S. and EP family members. The number of software related patent applications that are filed at the United States Patent and Trademark Office (USPTO) and European Patent Office (EPO) continues to increase despite heightened scrutiny during examination. Further, U.S. courts and national courts in Europe continue to critically analyze the eligibility of software patents.
Recent Posts
- Thoughts on the USPTO’s NPRM: Not Bad But the Big Challenges Remain
- Patent Filings Roundup: Slow Week in PTAB and District Court, Ideahub Subsidiary Challenges Instituted; Patent Armory Continues the Offensive
- Timberland Loses Fourth Circuit Bid to Protect Trade Dress for Iconic Boots
- USPTO Proposes Making Director Review Process Official
- Evolving IP: The Innovation Crossroads