Adam's Legal Newsletter • 0 implied HN points • 11 Feb 23
- Courts face challenges in defining what is considered an abstract idea versus a concrete invention in the realm of software patents.
- The use of Section 101 in evaluating software patents can be as vague and problematic as interpreting the Armed Career Criminal Act's residual clause.
- Enablement, particularly focusing on functional claiming and ensuring all ways of accomplishing a function are disclosed, could be a more grounded approach to assessing software patent validity.