How hard it is to patent software?

Daniel ...

I suggest reading In re Bliski decision from the U.S. Court of Appeals for the Federal Circuit.

http://www.cafc.uscourts.gov/opinions/07-1130.pdf

After you digest this a bit, it is clear that this decision does not bar patentability of computer software per se. It does limit and provide a new test for "business method" inventions. These methods are often written as software systems, and their patentability is now suspect if the invention deals with the part that can be done without a computer, and the computer system is added only as post-processing element. However, if your invention pertains to some novelty in the software itself, rather than a "business method" that could--but does not have to--operate on a computer, then there shouldn't be any great concerns for its patentability in view of In re Bliski.

Also, the U.S. Supreme Court granted cert. to review In re Bliski. So, the final verdict on pure "business method" patents is still out.

Hope this helps.

Daniel Basov
Solton Rosen & Balakhovsky LLP
110 Wall Street, 11th floor,
New York, NY 10005
212-344-1744
daniel.basov@srblaw.net

Henry M...

Didnt you attend the PIUG 2009 annual conference? There was a presentation from Dolcera who had done due diligence on the implications of the In re Bilski on the software patents. I think this would partially answer your question.