On August 22, 2022, Tim Carroll, Manny Caixeiro, and Elizabeth Manno published "Preparing Your Company for Unpredictable, Inconsistent and Volatile IP Disputes – Patent Eligibility, Abstract Inventions and Software Patents" on Lexology. The following is an excerpt:
One of the most controversial and highly litigated issues in US patent litigation is whether an invention is eligible to form the basis of a patent or whether the claimed invention is an "abstract" concept that is undeserving of patent protection. This issue is especially pronounced in the context of software patents, where precedent holds that merely performing a known process through the use of computers is abstract, and thus unpatentable, but technical improvements to computer technology may not be abstract.
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