The Guidelines reflect a policy decision that computer-implemented inventions require both hardware and software elements. This policy decision and definition present several important issues. First, do the Guidelines accurately reflect and accommodate the practices of the software industry and software engineers? Second, do the Guidelines accurately reflect the current case law?
Robert R. Sachs,
Comments in Response to the Patent and Trademark Office's Proposed Examination Guidelines for Computer-Implemented Inventions,
Mich. Telecomm. & Tech. L. Rev.
Available at: http://repository.law.umich.edu/mttlr/vol2/iss1/6