INFORMS Chicago Chapter
Joint IDS and INFORMS-Chicago Research Colloquium
STAKING A CLAIM TO SOFTWARE INNOVATIONS:
Why is computer software patentable?
Stephen Lesavich, PhD, JD
Friday, October 21, 2005
Today's new global knowledge-based economy is being driven more and more by a
new business reality controlled and governed by computer software. Innovations associated with computer software, business methods and
informatics are becoming one of the most valuable assets a business organization
or university can obtain. In 1998 in a landmark decision, the Court of Appeals for the Federal Circuit
held in The State Street Bank case that the process/machine analysis used in the
past for determining the patentability of software inventions was no longer to
be used and that the test to determine if a software invention is patentable is
whether the software invention produces a "useful, concrete and tangible
result." The State Street Bank case also opened to the door to patenting
business methods. In 1999, the Federal Circuit also held that software inventions that include
algorithms are also patentable under limited circumstances. The Federal Circuit
stated in the AT&T case that if a software invention includes a mathematical
algorithm, and if the mathematical algorithm is applied in a practical manner to
produce a useful result, then the algorithm may be protected. This talk will explore what computer software is and why is it patentable. It
will explore the different types of patents available to protect software
inventions. It will also discuss the differences of protecting computer software
with patents and copyrights. It will also explore the importance of protecting
software based innovations for students and faculty of a university. Please RSVP to jsweber@uic.edu. For Directions to 2350 UH, please go to the
University of Illinois website,
Dr. Stephen Lesavich
Stephen Lesavich, holds a Ph.D. in computer science from the Illinois Institute of Technology in Chicago and is the founder of the Lesavich High-Tech Law Group, P.C. (www.lhtlg.com). Dr. Lesavich focuses his law practice on high-tech intellectual property issues including patents, trademarks, copyrights and litigation related to computer software and the Internet. Dr. Lesavich regularly writes, speaks and is interviewed about high-tech intellectual property related topics. His articles and interviews have appeared in many different print and electronic publications and on the radio. He was formerly a professional software engineer at AT&T Bell Laboratories and U.S. Robotics. He received his J.D. degree from the University of Wisconsin Law School. Dr. Lesavich is admitted to the Illinois, Oregon and Wisconsin bars, and the U.S. District Courts in the Eastern and Western Districts of Wisconsin and the Northern District of Illinois. He is registered to practice before the United States Patent and Trademark Office. Dr. Lesavich is a member of the Association for Computing Machinery (ACM), Senior member of Institute of Electrical and Electronic Engineers (IEEE), and a member of the IEEE technical committee on multimedia computing. E-mail: lesavich@lesavich.net.
Stephen Lesavich, PhD
Lesavich High-Tech Law Group, P.C.
Suite 325
39 South LaSalle Street
Chicago, Illinois 60603
312.332.3751 voice
312.332.3752 fax
lesavich@lesavich.net
www.hightech-iplaw.com