Patents on Anti-Piracy Software that Use Creative Tactics to Protect Intellectual Property

With hundreds of millions of people involved in online piracy each month, unauthorized file-sharing costs entertainment industry companies and content owners billions of dollars each year. To address this problem, NBC Universal has patented a system for detecting high-volume peer-to-peer file-sharing activity. Peer-to-peer file sharing can be used for lawful purposes, but it is often an indicator of online piracy. This high-volume file-sharing, called a “swarm,” also puts strain on internet service provider networks. NBC’s new system can detect and target these swarms. The system functions by setting a threshold of data activity. When enough data is being exchanged, an alarm is triggered and high-risk swarms are then tagged. The data collected from swarms can be used to issue “takedown messages” to internet service providers, and to throttle or limit network resources.

Federal Judge Rules Virus-screening Software Method is Patent Eligible

Under U.S. patent law, patent-eligible subject matter includes “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof”. The U.S. Supreme Court has long held that abstract ideas and natural laws, by themselves, are not patent-eligible. A test for patent eligibility In its Alice Corp v. CLS Bank Int’l decision, the Supreme Court set out a test for determining whether the application of such abstract concepts is patent-eligible. If a patent claim or patent application involves an abstract idea, the second step under Alice is evaluating whether there is “an inventive concept” that makes such an idea eligible for patent protection. Well-known and conventional activities that have been routinely used in that field are not sufficient to show this requirement. The Alice decision made clear that merely using a computer to perform an ordinary business task that in the past was performed manually is not enough to obtain a patent. Finjan behavior-based virus screening determined patent-eligible Since the Supreme Court issued its Alice decision, many federal courts have invalidated software patents. However, in 2018 the Federal Circuit Court of Appeals upheld the patent-eligibility of virus-scanning software. In Finjan, Inc. v. Blue Coat Systems, the Circuit Court determined that, although virus-screening alone is considered an abstract idea, Finjan’s virus-screening software enables the detection of unknown threats, and is therefore patent-eligible. Here is why:

When Is It Time To Call A Patent Lawyer?

Knowing when to call a patent lawyer about your innovation, design or invention is important. This is especially true for newcomers to the field of intellectual property law, where limited knowledge of how the patent system works, combined with often limited starter resources, can turn out to be a recipe for disaster. A seasoned inventor […]