The Great Digital Land Grab

Abstract Ideas have always been ineligible patent subject matter

  1. Laws of Nature
  2. Natural Phenomenon (Product of Nature)
  3. Abstract Ideas (Mathematical Concepts, Methods of Organizing Human Activity or Mental Processes)

Software development is the creation and manipulation of Abstract Ideas — Mathematical Concepts, Methods of Organizing Human Activity or Mental Processes

  1. Court rulings on different patent cases
  2. Different patent examiners taking conflicting positions

And patent examiners are NOT incentivized to grant patent applications, they are incentivized to deny them!

Now Abstract Ideas ARE allowed IF Additional Elements create a Practical Application.

Unprecedented IP landscape expansion

If your organization does NOT have an intellectual property process, two outcomes are likely:

First mover advantages will be immense

Many companies successfully avoided exploring the patent landscape — This is no longer possible

Prediction: By 2030 we will experience 2x to 4x increase of filed and enforceable patents

  1. Abstract Ideas are now patentable
  2. An entirely new class of software patents is now available — it’s a “Great Digital Land Grab”
  3. The patent process is more predictable allowing more reliable outcomes that are less risky to operationalize

Part 1 of 2 of a Blog Series on Innovation and Intellectual Property:

  1. Part 1: The Great Digital Land Grab
  2. Part 2: Execute an IP Strategy in 6 Steps
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