DHC and 3(k): This time using the ‘Technical effect’ Test
SpicyIP
AUGUST 13, 2024
Lastly, I contrast the outcome of the judgement with MHC’s decision in Microsoft Technology Licensing, LLC , wherein the Court had granted the patent without looking into the question of enablement, independent of the 3(k) inquiry. On the other, it is argued that allowing software-based inventions to be patentable dilutes 3(k).
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