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  • Software is Patent-Eligible, But it's All About the Claims

    By Procopio Associate Eric A. Bernsen Apps, computer- or smartphone-enabled processes, smart devices, and IoT solutions, often center on the same core element: software. Is your software, app, or process patentable?  Well, to provide the stereotypical lawyer answer, it depends. But, at least in the near term, it seems easier now than it was before January 2019. The definition of patent-eligible subject matter is codified in 35 U.S.C. § 101: “Whoever invents or discovers an...

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