Photo of Dennis H. Núñez

Dennis Núñez is a patent attorney who has drafted more than 200 U.S. Utility Patent Applications focused on the electrical arts, as well as U.S. Trademark Applications and U.S. Patent Applications related to electrical and mechanical technology. He has prosecuted patent applications and managed patent prosecution of Foreign Patent Applications filed in China and Europe.

Introduction

The lack of clarity in the law with regards to patent subject matter eligibility under 35 U.S.C. § 101 has made it difficult for patent attorneys to advise their clients with regards to patent protection for software inventions. Since the case law regarding subject matter eligibility is nebulous and seems to be ever changing,

Focusing Questions of Software Patent Eligibility on the Specific Technological Solution and Specific Technological Problem Being SolvedThe U.S. Supreme Court presented a two-step framework for determining whether a claim contains patentable subject matter under the abstract idea exception to 35 U.S.C. § 101 in Alice Corp. Pty. Ltd. v. CLS Bank Int’l. According to the framework erected in Alice, one must first “determine whether the claims at issue are