Copyright © 2017 ALM Media Properties, LLC. All Rights Reserved.
Many current authors and commentators (though perhaps not as many patent attorneys) contend that the U.S. Patent and Trademark Office (PTO) is fine at examining patents for mechanical devices and pharmaceuticals, but argue that we need a whole new system for examining software inventions best understood by those under 40. They say that the PTO is not set up to examine software patent applications and, as a result, frequently issues patents on trivial improvements to existing practices. Several such authors and commentators have misinterpreted the outcomes of recent court decisions as confirming these notions, when in fact they debunk them.