The Rise of ‘Non-Transitory’ Claims: How a Single Word Became Key to Software Patent Eligibility
Patent – Patently-O 2024-11-15
Summary:
by Dennis Crouch
Recent patent prosecution data reveals a striking trend: the percentage of utility patents containing "non-transitory" software claims continued to increase -- from virtually zero 15 years ago to nearly 22% in 2024. This dramatic rise illustrates both the central role of software in our patent system and the peculiar formalistic requirements that have emerged around software patent eligibility under 35 U.S.C. § 101.
The story behind this trend begins with
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