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More about Software Inventions Patent Eligibility





I've wrote about Software Inventions Patent Eligibility a few weeks back, following the Bascom decision. Sadly, decisions that favor the eligibility of Software Patents, such as Enfish and Bascom, are still relatively rare.

In a recent decision, although not relating to software, the Federal Circuit ruled that a new game that uses known physical cards is ineligible under 101, as being an abstract idea.

In a Blog by Gene Quinn, he sums it up perfectly:

"if you have enough information to evaluate whether what is being claimed is novel and non-obvious how in the name of common sense can you with a straight face say what is being claimed is abstract?"

I cannot agree more.

When an inventor comes up with a new invention, that is novel, non obvious and adequately described so that a person of ordinary skill can implement it - how can it be abstract? This is true in my opinion even if Software is involved.

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