Over the past 15 years, the inclusion of "non-transitory" software claims in utility patents has skyrocketed from almost zero to nearly 22% in 2024, demonstrating how integral software has become to patenting.
The dramatic rise in the percentage of utility patents with 'non-transitory' claims not only underscores software's importance in innovation but also reflects evolving legal standards around patent eligibility.
As the landscape of patent prosecution changes, the formalistic requirements surrounding software claim eligibility have shaped a new reality for inventors, demanding that they navigate complex legal frameworks.
This upward trend in 'non-transitory' software claims signifies a pivotal moment in patent law, pushing for clarification on the nuances of what can be patented.
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