New Jersey Business June 2019

By Jonathan Bick - Chair Brach Eichler Patent Department - Adjunct Prof. Rutgers School of Law

Since a Supreme Cowl ruling in 2014 (Alice Corp. v. US Bank International), most attorneys have agreed that Internet Ideas are not patentable. Now, due to a new court ruling, most patent attorneys will say “it ain't necessarily so."

In Alice. The United States Supreme Court need that “merely requiring genetic computer implementation fails to transform (an) abstract idea into a potent-eligible invention." As a result. patenting Internet ideas became much more difficult, until now.

Recently, the courts found that one particular type of improvement which is unique to Internet Ideas was eligible for patent protection, namely Internet user Interface Improvements. In 'Tinder v Bumble 6:18-cv-00080 (2018) the Court found that the patent around the act of swiping improved the existing interface technology and thus rosined in patent eligibility. Improving user interfaces is one of several options for the protection of Internet ideas with a patent. Others include:

Using special purpose hardware with your Internet idea. Combining cell phones or digital watches with software to inclement an Internet idea results patentable novelty:

Having your Internet idea result in the ability of using an Internet device for a new purpose, Such as a tablet as a local broadcasting hot spot which results in a patentable invention:

Using your Internet Idea to improve electronic device use, Interface, for example, using a local cell tower to service a broader area results in a patentable combination:

 Making you Internet idea change Internet communicators. such as by changing the display to accommodate an Internet user's disability. Specifying the particular type of data to be displayed and the specific way to display It also results patentable matter.

Since 2014. most Internet inventors have been told that their ideas were not patentable. They should now reconsider                patent protection.