Following the Supreme Court’s ruling against software...

Following the Supreme Court’s ruling against software firm Alice (CD June 20 p13), which criticized abstract software patents, major tech companies are diverging on how they believe the Patent and Trademark Office (PTO) should interpret the decision, according to comments filed to the PTO (http://1.usa.gov/1kn6lmz). The PTO issued preliminary instructions on what the decision meant for companies examining patents (http://1.usa.gov/1nHVmR7). Microsoft, which favored the high court’s narrow ruling, approved of the PTO’s subsequent “clear, thoughtful, and prompt guidance.” It said “no major changes are required to the substantive description, interpretation, or application of the Alice decision set forth in the preliminary instructions.” Google and Twitter filed joint comments arguing the PTO should go further. “The guidance should make clear that claims directed toward abstract ideas can arise in all fields, not only the specific categories identified in the Preliminary Guidance, and should provide multiple examples of abstract ideas as instruction for examiners."