As an independent inventor, I am greatly concerned about the new proposed Section 112(f) wording related to “functional claiming” that was put forward as part of the fix for patent eligibility law. While the bill is on the back burner for now, lawmakers have stated their desire to revive it. In my mind it is part of a continuing effort to prevent inventors of computer-implemented inventions from experiencing smooth sailing in patent prosecution and patent assertion. A description of what computers do and how they “logically” work has a close relationship with its physical structure. These aspects are closely interwoven and largely equivalent. Executing a computer operation means that physical circuits are activated. A computer operation or function is not a disembodied occurrence. An instruction executed by a computer is a rapid configuration/activation of one or more (usually electrical) circuits.
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Recent Posts
- USPTO Responds to Patent Bar Gender Gap Inquiry, Mulls Changes to Registration Process
- How Patents Enable Mavericks and Challenge Incumbents
- ipAwarenessAssessment: Inventors and Business Owners Should Start Their IP Journey with this USPTO-NIST Tool
- Other Barks & Bites for Friday, January 22: Iancu and Peter Step Down from USPTO, CJEU Asked Whether Preliminary Injunction Standard Burdens Patent Owners, SCOTUS Denial Leaves Invalidation of Idenix Genus Patent Claims Untouched
- US Inventor Backs SCOTUS Petition to Clarify Claim Construction Principles