To mark today’s World Intellectual Property Day, charismatic sports entrepreneur Bernie Amarillo shares his learnings about the patentability of software-related computer-implemented inventions (and alternative sources of venture capital)
While software per se (i.e., the code) is generally not patentable, inventive computer-implemented techniques can qualify as patentable subject matter in many jurisdictions throughout the world provided the invention comprises technical subject matter leading to a technical solution of a technical problem. [1]
Improvements in the performance of a computing device itself, for example, increased processing speed, reduced resource usage, and reduced heat generation may qualify as technical improvements to the computing device, and therefore, a technical solution may be present.
Improvements to a technology or technical field, for example, video streaming improvements leading to higher quality, greater interactivity, higher download speeds, and improved user experience, may also be considered technical, thereby giving rise again to a technical solution.
Patentability of computer-implemented inventions is case-specific. Be sure to consult a registered patent attorney before deciding to forgo filing a patent application on a computer-implemented invention.
[1] The combination of features of a claim must also be novel and inventive in order to obtain a patent on the invention.
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