Software Inventions and Issues of Patentability

Abstract

Software inventions have increased dramatically as software industry is growing and has become important for global economy. Accordingly, software claims need drafting carefully in order to properly protect the invention claimed in a software claim. In earlier days, Freeman-Walter- Abele protocol happened to be the test to judge the patentability of software claims. Additionally, meaningfulness of algorithm or formula was tested and usefulness was the central issue in some instances. However, this approach has been shifted and machine transformation test and transformation of data to data has taken place to analyse as to whether transformation data requires machine or not. In other words, the patentability standard has been raised by the patent office for inventions relating to software. While on many occasions, software claims are held to be non-statutory due to one or another reason, a type of claim called Beauregard claim which claims computer readable medium, has been discarded by a Federal court decision. This paper identifies and addresses aspects of litigation issues including software claims and advocates the best approach to be adopted in order to avoid rejection from patent offices and courts in view of decided cases.