
Ask HN: What Is the Most Current Ruling on Software Patents? - bsbechtel
I have a questions regarding software patents that I haven&#x27;t had much luck getting answered by searching the Internet, but I&#x27;m hoping there might be a few people well versed in software patent law here that can provide some advice.<p>I&#x27;ve done quite a bit of research on the most recent rulings, and it looks like the current gold standard test for patent-ability of a software claim is:<p>1) Is the invention a statutory category of invention (machine, process, system, etc)?
2a) Is the idea abstract (math equation, law of nature, etc)? 
2b) If so, does the claim, in whole, add value that is significantly more than the abstract idea, or series of ideas, in the claim?<p>I realize there is a lot of confusion regarding this test, but the examples provided by the USPTO seem to clear things up for me - basically you can&#x27;t patent a mental process. However, this does not address the subject of a software patent that claims a mental process or system that would otherwise be impossible&#x2F;impractical without computers. An example would be the dynamic pricing models applied to airline flights or Amazon goods. I would think that, because these types of things weren&#x27;t possible before a computer, even though technically dynamic pricing can be considered a mental process, they would still be able to make the claim that they are innovative, and at one time, non-obvious. Would this type of claim fall under the question 2b above? Does anyone have any suggestions on resources where I can do more research on this particular argument? Thanks!
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Nomentatus
Your difficulty comes because it's now a matter of case law. Ongoing and
undecided case law. So make sure "case law" is in your search. (Note European
law, etc, is VERY different.)

Status one year ago: [http://www.ipwatchdog.com/2014/07/14/supreme-courts-
latest-p...](http://www.ipwatchdog.com/2014/07/14/supreme-courts-latest-
patent-case-and-software-patentability/id=50321/)

An update: "When the United States Court of Appeals for the Federal Circuit
decided CLS Bank v. Alice Corporation, all the important questions that we
thought might be answered remained completely and totally unanswered. There
were only 10 judges who sat on the en banc tribunal and no more than 5 judges
signed on to any one opinion."
[http://www.ipwatchdog.com/2015/01/09/a-software-patent-
setba...](http://www.ipwatchdog.com/2015/01/09/a-software-patent-setback-
alice-v-cls-bank/id=53460/)

A more comprehensive list of cases.
[https://en.wikipedia.org/wiki/Category:Software_patent_case_...](https://en.wikipedia.org/wiki/Category:Software_patent_case_law)

Wish I had better news for you.

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bsbechtel
No, what you shared is basically the conclusion I've come to...it's still
ongoing and undecided. The Alice decision clarified some things, but my
question still remains unclear. Thanks for taking the time to comment though!

