patents
Will Faught
August 2015
“Federal Circuit Strikes Its Own Blow Against Overbroad Software Patents”
Imagine the Wright brothers, after they invented their airplane, filed for a patent claiming “a machine for flying.” Essentially claiming a machine for what it does rather than how it does it. This is known as “functional claiming.” Under previous Federal Circuit precedent, there was a very strong presumption that would give the Wright brothers the rights to any “machine for flying,” including things like the rocket or the Space Shuttle.
2 minutes