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code law

Bart Kaspero Law > code law

Can you Patent an Algorithm?

Trying to Patent an Algorithm? A common question for developers is whether or not their algorithm can be protected under intellectual property law--most specifically as a patent.  The issues falls under two competing thoughts: abstract ideas versus the patent eligibility of a "process".  The word process is important in this context because an algorithm is at it's essence a series of steps that when undertaken with code, mechanizes that process.   The landmark decision often cited for this discussion is In re Bilski, which ultimately made it to the Supreme Court as Bilski v. Kappos.  Essentially, many patents have been rejected or criticized...

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