Originally published in Boomberg Law, May 23, 2019
Section 112(f) of the U.S. Patent Act allows patentees to
claim their invention as a means for performing a certain
function—a method commonly employed by inventors in the
software space. In Part 2 of a two-part series on new guidance from
the United States Patent and Trademark Office (USPTO), Akin Gump
attorneys share practice tips and say the guidance gives
practitioners the tools to prosecute and enforce valid software
patents.
In 2011, Marc Andreessen, serial entrepreneur and venture
capitalist, boldly declared that "software is eating the
world," as evidenced by the rise of computer-implemented
technology powering global innovation.