LES INSIGHTS FEATURED ARTICLE

Software Patents and Licensing: Today’s Dramatically Changed Landscape

By Eugene Molinelli, PhD, JD, partner of Evans & Molinelli, PLLC

Presented at the LES 2014 Annual Meeting in San Francisco, the workshop Software Patents and Licensing: Today’s Dramatically Changed Landscape, reviewed what could be called an assault by the courts on the strength of protection offered by software patents since a high-water mark in 2005. It asked panelists to comment on the resulting demand for software licenses. 

Perhaps, not surprisingly, demand for software licenses is still high and growing in some technology areas. While the jury is still out on the ambiguous Alice decision, it appears that patent attorneys have been able to accommodate the court decisions by drafting claims that include the relation between the software methods and the physical world. In addition, copyrights provide complementary protection for ready-to-roll software. 

The panelists included: Eugene Molinelli, PhD, JD, partner of Evans & Molinelli, PLLC; David Stein, JD, partner of Cooper Law Group; Imelda Oropeza, copyright licensing and marketing specialist of the Office of Technology Licensing, Stanford University; and Debbie Alexander, PhD, senior licensing officer of the Office of Innovation, Technology & Alliances, University of California, San Francisco.
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