미국에서 소프트웨어 발명의 특허적격성 -기능식 청구항 해석 원칙과의 관계-

A software patent means any patent for a function that is comprised primarily of algorithms designed to run on a computer. The main issue raised to software patents is that the scope thereof is too broad or ambiguous. Software claims are usually described in functional language by nature. If the claim is construed literally, it is difficult to escape from the abstract idea category. IN Williamson case, CAFC expanded applicability of 35 U.S.C §112(f). If §112(f) is applied to the software claim, the possibility of crossing threshold of patent-eligibility becomes higher, even though the claim scope may have a risk to be narrowed. Also, the problem of over-breadth and uncertainty may be solved. On the basis of Williamson ruling, CAFC tends to apply the functional claim doctrine more positively to software claims. As a result, a series of judgements affirming patent-eligibility were issued in 2016. It is reasonable to apply §112(f) to software claims, thereby defining the claim function to structures or acts disclosed in the specification. However, the Specificity level of algorithms should be properly established so as to be construed as a reasonable scope corresponding to the inventor's contribution.