The validity of software as a valid subject matter for patentability has been the subject of much debate of both sides of the Atlantic. The now famous Bilski decision (130 S.Ct. 3218, 3255 (2010)) included the wise warning “even when patents encourage innovation and disclosure, ‘too much patent protection can impede rather than ‘promote the Progress of … useful Arts’.’ ”

In the US, the latest chapter in the debate is the pending CLS Bank Int’l v. Alice Corp (Fed. Cir. 2012). Even the amicus brief filed by the US government is goes both ways, arguing that while software shouldn’t be patentable automatically, certain computerized applications benefit performance, represent unique use of technology, or transform the immediate environment should be patentable.

Keeping that background in mind, the USPTO is tackling the debate by seeking input from the software community.  You can share your two cents by participating in one of the  roundtable events on either coast or by submitting your comments. The live events will be a hot ticket, so get your registrations in soon. Directions for participating in the roundtables or submitting your comments can be found here.