
Landmark Technology’s Terrible Patent Has Survived - edm0nd
https://www.eff.org/deeplinks/2019/04/how-landmark-technologys-terrible-patent-has-survived
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BridgetOnPTAB
In an effort to add some clarity to the chaotic jurisprudence on Section 101
(patent eligibility), the USPTO recently introduced guidelines that make it
easier to obtain software patents. These guidelines bind the examiners but not
district courts. Given the USPTO's patentability court's (the PTAB) limited
jurisdiction to hear and decide 101 challenges, I think the USPTO is going to
keep churning out questionable software patents like Lockwood's. Because
patents like Lockwood's rarely get litigated in district court, the problem of
these shakedowns is not going to end until either (1) the PTAB gets some
jurisdiction to decide 101 cases (a lower cost venture than district court) or
(2) Congress steps in and clarifies the law. I do think that software
implemented patents have a place, but the current state of affairs ain't it.

