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Sick Stats for Medical Software Innovations

Robert Sachs recently posted an interesting update on Section 101 prosecution stats:

One of the most disturbing stats related to medical software innovation.  Inexplicably, it has been targeted as constituting largely only “abstract ideas” not worthy of patenting.   This is another strong indication that the U.S. patent system is sorely in need of a legislative solution to the Section 101 problem that is now a runaway train on course to do major damage to the U.S. patent system and U.S. competitiveness in the technical software arts.

Quoting from Mr. Sachs’ blog on this point:

“There apparently is very little in the field of health care management innovation that these art units consider to be statutory.  Yet it’s hard to imagine a field more crucial to the welfare of the people of the United States.   Political solutions alone won’t solve our skyrocketing health care costs.  Radical, high risk innovation by the private sector is also needed.  If radical high risk innovation can put a smart phone in everyone’s pocket, it certainly can help make health care more universally affordable.  This is the type of innovation that patents are designed to promote.  Table 3 below gives you an idea of the innovations in health care management that, in all likelihood, will not get patented in our current post Alice environment.”

My thanks to Mr. Sachs for continuing to shed a light on Section 101 developments in the USPTO.


Principal & Chief Innovation Officer

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