Can I Patent My Software Application? Maybe, Soon.

Software application developers, your day might be coming!  A bipartisan proposal has just released that REMOVES the judicially-created non-sensical exception to Section 101 patent eligibility (the one that prevents nearly all software applications from being patented because they are “abstract ideas”). 

The bill:

  • prevents “abstract ideas,” “laws of nature,” or “natural phenomena,” from being used to determine patent eligibility under section 101

  • add a subsection (k) to Section 100 defining “useful” as “any invention or discovery that provides specific and practical utility in any field of technology through human intervention.”

Every patent attorney I know thinks the near-ban on software patents was wrong. I thank our congresspersons for finally getting around to addressing the issue and applaud the inclusive process. Senate hearings on the topic are on June 4, 5 and 11.

Let’s reexamine the eligibility of your software application in light of this proposed bill.


More Than Your Average IP Boutique

Ahaji Amos is patent and trademark attorney with 17 years of experience in intellectual property litigation and prosecution at Ahaji Amos, PLLC, a law firm that represents startup and small businesses in all matters including patent prosecution, trademark prosecution, copyrights, trade secrets, oppositions, cancelations, equity funding and commercial litigation. Ahaji Amos, PLLC is dedicated to representing entrepreneurs, inventors, and innovators.  

This article is for information and advertising purposes and does not constitute legal advice.  No attorney-client relationship is formed in the absence of a fully written and executed engagement agreement between Ahaji Amos, PLLC and its clients.  Ahaji Amos can be reached at ahaji@ahajiamos.com.  More information can be found at https://ahajiamos.com.

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Ahaji Amos, PLLC