Patent attorney · Entrepreneurship

Who can advise to whether pay for a utility patent on an app given the ALICE RULING is real?

Bervick II Independent Entertainment Professional

September 7th, 2016

Who can advise to whether pay for a utility patent on an app given the ALICE RULING is real?
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Rob G

September 8th, 2016

Bervick, are you asking whether you should spend money to purchase an existing utility patent or spend money to file and prosecute your own utility patent? The game has changed, certainly, since the Alice ruling, but as an inventor and patent holder (6 business method and software patents issued to date, 1 post Alice) i would say that this change is for the better.  Prior to the Alice ruling The USPTO simply wasn't doing their job well and allowing patents/claims that shouldn't have been allowed.  Unfortunately the supreme court also did a poor job of defining "eligible" and "ineligible" subject matter and the ruling is so recent that i'm not sure we have clear precedence on what will and won't work. All that said i think you would be wise to discuss this with a few experienced patent attorneys who can look at what you are either inventing or purchasing and provide better guidance. 

Martin Omansky Independent Venture Capital & Private Equity Professional

September 8th, 2016

Contact either Bruce Sunstein, JD or Dan Holmander, JD, both superstar patent attorney guys. Sunstein is in Boston. Holmander is in Providence, RI. Sent from my iPhone

Vinuth Tulasi Member of Technical Staff at Stealth Mode Storage Startup

September 8th, 2016

Do you mean which ideas can be approved and which not?
If so, this is my say on it.

If an idea that is being filed falls under any of these, will have tough time to go through and be approved as a patent.
1) Abstract Idea - An idea even though being unique but in reality difficult to implement or not specific is hard to get through. 
2) Computerizing a "Business Method" already in practice in its convetional form cannot be considered as an invention.
3) Automation of an existing activity or mental process cannot be considered as an invention.
For example - Verifying the validity of credit card transactions over the Internet, and the steps in the method could be performed in the human mind or by a human using a pen and paper.
4) If an idea can be mapped to an existing process then that idea cannot be considered as an invention. 
For example - Collecting data from hard copy documents, processing it and storing the information in memory is not an invention as it maps to an existing scanning and processing technology.
5) Mathematical algorithms which merely manipulates existing information to generate additional information is not patent eligible.

You can refer to https://en.wikipedia.org/wiki/Software_patents_under_United_States_patent_law for more details on all of the above.


Daniel Esbensen CTO at SheerPower Auction Services, Inc. and Information Services Consultant

September 8th, 2016

Hello, I have a number of patents and some granted after the ALICE RULING. Your claims must include the need for the hardware. If they are written in terms of just software and logic, they will be rejected. I am happy to help further if you wish. Dan E. ===