Section 101 of the patent statute provides a fundamental threshold for the types of inventions that can be patented. In this episode, McDermott IP partner Nathan S. Smith and colleague Marc E. Brown examine what makes one invention eligible for patent protection while another is not, especially in the context of computer software. They discuss the precedents that influence how courts and the US Patent and Trademark Office determine patent eligibility and outline strategies companies can use to promote and protect IP assets. The podcast begins with Sarah Bro sharing some recent IP headlines from across the world, and concludes with Barrington E. Dyer summarizing two Federal Circuit cases that deal with Section 101 issues.
McDermott's Reverse Engineered Podcast | Section 101: Protecting Software & Other Technologies
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.