High Tech Patents

Foley attorney Steven Moore will be speaking at the American Conference Institute’s “High Tech Patents” conference on January 21-22, 2009 in San Jose, California. Moore will participate in a presentation titled “Ensuring That Computer Implemented Methods Will Constitute Patentable Subject Matter.”

Presentation details:

Drafting Method Claims for Statutory Subject Matter

• Determining the necessity of tying a particular method to an apparatus in order to prove patentable subject matter
  
  
  
  • Reconsidering how to describe the means in which an algorithm or data structure is linked to a general purpose computer Recognizing where else data structures might appear


• Showing that the processor has the ability to execute a particular method Structuring Beauregard claims so that they are directed to a physical, computer-readable medium


• Ensuring the claim includes more than a “nominal or token recitation” of how it is structured

Limiting PTO Rejections of Software Patents

• Following examples from biotech patents, which have included successful findings of lab results and working examples of lab data
  
  
  
  • Determining whether similar findings will assist you at the claim drafting phase
    Analogizing software modules to the building blocks of DNA Demonstrating how modules will be linked together depending on their environment


• How these links have led to the specific inventions