Cracking the Code: Attorney Guide to Patent Law and Software

As digital technologies increasingly drive our world, patents have become essential for protecting the intellectual property rights of the inventors of these widely adopted and rapidly evolving technologies. However, patenting software can present unique challenges, as the nature of software makes it difficult to define and subject to multiple interpretations. For attorneys working with software developers and businesses, it is crucial to have a deep understanding of patent law as it relates to software. To provide expert guidance on navigating this complex legal landscape, attorneys must also be aware and keep up to date with the potential impacts artificial intelligence will have on the creation of products and their patenting. This seminar will provide a valuable guide for attorneys helping their clients protect their software innovations and safeguard their businesses from potential legal disputes. This is becoming especially relevant with the rapid adoption of ChatGPT and other AI language models as of late 2022, as software developers are creating and supplementing their work with AI models. These developers and AI model creators may soon attempt to patent their work or collect some form of royalty, respectively, which can be expected to create legal conflicts. 

In this online seminar, our expert panelists begin by reviewing what software is and how it works, as well as introducing patentability and its exceptions. Next, our speakers review U.S. Supreme Court case law on the patentability of software “physicality” and highlight some of the key takeaways. Other issues when litigating software patents are then discussed. Our speakers then discuss infringement for software patent litigation and conclude with a discussion of the state of software patents today and the outlook going forward, especially with the rise of artificial intelligence. 

Topics covered in this webinar:   

1. Introduction to Software and Patents  

2. U.S. Supreme Court on Patentability of Software “Physicality”  

3. Other Issues When Litigating Software/Computing Patents  

4. Infringement and Software Patent Litigation  

5. Software Patenting Looking Forward 

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