Derek C. Stettner was quoted in Law360's article, "Fed. Circ. Judge's Proposed Software Patent Ban Is A Reach" on October 4, 2016.
The judge's attack on software patents is concerning since so many new inventions involve software and a blanket ban would foreclose protection for them, said Derek Stettner of Michael Best & Friedrich LLP.
"People should be careful to say none of it is patentable," he said. "If my intellectual property is not patentable, what’s the economic model under which I get paid to create it?"
What should matter when evaluating patentability is whether the invention is novel and not obvious, he said, and excluding all software inventions from patent protection is "too simplistic of an approach."
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