May 4
Gideon Korrell on Why the ’637 Patent Failed Under the Alice Framework
Gideon Korrell explains why the ’637 patent failed under Alice, highlighting risks of functional claims and lack of technical detail.
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Gideon Korrell on Why the ’637 Patent Failed Under the Alice Framework
Gideon Korrell explains why the ’637 patent failed under Alice, highlighting risks of functional claims and lack of technical detail.
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🧠💻 Why Software Patents Are Still Possible (and Profitable)
Once thought to be on shaky ground, software patents are making a strong comeback in the tech and startup world.
Recent legal wins and clarified USPTO guidelines prove that software innovations — from AI algorithms to blockchain protocols — can be patented and monetized, if properly framed.
💡 The key? Show technical improvement, not just abstract ideas. 📈 Companies are increasingly using software patents as strategic IP assets to raise funding, block competitors, and boost valuations.
👉 Whether you're a startup founder, AI researcher, or product innovator — protecting your software can still pay off big.
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As per the Indian Patent Law, software is considered as a non-patentable subject matter. Yet there have been instances when software patent applications have been granted to big multinational companies but not to the smaller domestic ones. So what is the position of software patents under Indian Patent Law?
Netflix v Rovi - Amici Brief
Although I’m a big fan of Netflix, the 12/18/15 Amici Curiae filing in Netflix v Rofi made a number of good points. These included:
“While Alice chose not to provide any guidance on how to identify an “abstract idea,” it certainly did not authorize the vast expansion of the category seen in lower court decisions over the past year. To the extent that “fundamental economic practice[s] long prevalent in our system of commerce” are judicially excluded from patent protection under Alice, “novel” business practices and other “just discovered” methods of organizing human activity are not included within that group.” I also liked:
“Incorporating undue detail from the claim into alleged “abstract ideas” essentially dictates the outcome of the patent-eligibility analysis before step two is reached. For one, by erroneously including the “novel” aspects, instead of merely the “long standing” aspects into the alleged “abstract idea,” Netflix removed the aspects of the claim that in step two of the Alice analysis would be properly considered as “something more.” This is clearly error under Mayo and Alice.”
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