Special Post-Grant Review for Business Method and Software Patents
- Michelle K. Holoubek and William P. Ladd
- Sterne, Kessler, Goldstein & Fox P.L.L.C.
Congress is currently on the verge of passing patent reform legislation. Portions of this proposed legislation especially impact patents directed to financial products or services and may also impact some software patents. Many observers believe that the version of the bill to be signed by President Obama will closely resemble H.R. 1249, which was passed by the House of Representatives on June 23, 2011. If enacted, Section 18 of H.R. 1249 would establish a "transitional post-grant review proceeding" for reviewing the validity of "covered business method patents." While the language of §18 indicates that Congress’ intent is to target patents directed to financial products or services, ambiguities in the bill could potentially expose other software patents to a "business method" post-grant review proceeding. To read more about the potential upcoming changes to Business Method and Software patents click here or download the attached PDF (above).