February 16, 2020

February 14, 2020

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Why a Machine Readable Computer Instruction is not Abstract

Even after Section 101 gets fixed, we will still be wanting a way to better understand the difference between unpatentable printed matter such as a novel and a patentable computer program consisting of machine readable code.  In my mind, the difference comes down to the essential purpose and value of the former being dependent on variable abstract notions forming in the human mind and essentially only existing in the human imagination, whereas the later’s utility is not in any way dependent on such notions, but rather its 100% predictable and assured activation of an electronic circuit to perform an electronic operation.

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About this Author

Steven Lundberg, Schwegman Lundberg Law Firm, IP Attorney

Steven Lundberg is a registered patent attorney and a founding partner of Schwegman, Lundberg & Woessner. His practice is focused on patent protection for software, medical and telecommunications technology, and related opinion and licensing matters. Steve received his B.S.E.E. in 1978 from the University of Minnesota, and his law degree from William Mitchell College of Law (J.D., 1982). He has published and spoken widely on software and electronic patent protection, is active in the Computer and Electronics Committee of the American Intellectual...