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Preamble for Software Claims

Smith & Hopen PA

Smith & Hopen has a substantial software patent practice and the area is constantly evolving with new decisions from the Federal Circuit and Supreme Court regarding what is actually patentable (e.g., technical inventions versus abstract ideas).

Patent attorney Nicholas Pfeifer prosecutes a number of sophisticated software technologies and in a recent discussion with a patent examiner at the U.S. Patent & Trademark Officethey formulated the following preamble (beginning) for software patents claiming the media (e.g., download, CD-ROM, etc…):

A non-transitory computer readable storage media having computer-executable instructions, when executed by a processor, performing a method for [insert invention specific language], the instructions comprising:

This preamble overcame an issued 35 USC 112 and 35 USC 101 rejection.  Hopefully it will be helpful to others working in this technology area.

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