Patent Applications for Software and Computer Related Inventions Need to Demonstrate Technology Improvement to be Patentable

September 14, 2021
Marshall Gerstein Insights

Software and Computer related patent applicationsThe Federal Circuit continues to confirm the importance of showing, in a patent application, how software/computer-implemented inventions "improve" underlying technology.

Recently, for In re Zhu et al., case number 21-1761, the Federal Circuit vacated a decision from the Patent Trial and Appeal Board (PTAB) to reconsider "whether the claims [of the patent-at-issue] are directed to an improvement in computer functionality, especially in light of this court's recent case law [as to improvements to computing devices]."

In its appeal brief, the inventors had argued that that the claimed invention included an improvement to an underlying computing device via disclosure of a new method of video screen capture compression (e.g., data compression).

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