Business Method and Software Patents

In its 2010 decision in Bilski v. Kappos, the U.S. Supreme Court redefined patentable subject matter for business methods and computer software, but did so without imposing definitive tests and definitions, effectively leaving such guidance for future court decisions and the United States Patent and Trademark Office (USPTO). As a result, the law is essentially being written at present, and will continue to be written and narrowed over the next decade.

Business Method and Software Patents addresses the drafting of business-method and software patents in the wake of Bilski v. Kappos. Morgan Rosenberg and Richard Apley offer a review and analysis of all relevant case law and guidelines presented by the United States Patent and Trademark Office (USPTO). With the use of actual patents filed by the authors, this work provides practical information and guidance on the drafting of successful patent applications.

Morgan D. Rosenberg is presently the Director of Middle East Operations at Litman Law Offices in Manassas, VA. He has specialized in patent application drafting for the past 15 years and is a regular contributor to Intellectual Property Today. Mr. Rosenberg is also the author of The Essentials of Patent Claim Drafting (Oxford University Press, November 2011).

Richard J. Apley is the Chief Patent Officer at Litman Law Offices, where he supervises the firm's patent attorneys, agents, and technical writers. Previously he worked for the U.S. Patent and Trademark Office (USPTO), where he was a Supervisory Patent Examiner and a Director of the Office of Independent Inventor Programs.