Claiming the cloud: Patent applications for cloud computing technologies

My colleagues Joe Helmsen and Brienne Terril recently published an article about strategies for drafting patent applications that cover cloud computing technologies.  Some useful tips from the article include:

  • “The provision of cloud computing services often requires the cooperation of several different parties. . . .  To avoid the issue of divided infringement upon enforcement, it is important to consider the portions of a cloud computing service that will be performed by particular actors.”
  • ” Unlike traditional software . . . cloud software applications provide challenges to patent owners investigating potentially infringing activities. . . .  Drafting at least one claim that includes an easily detectable limitation can simplify a patent owner’s infringement analysis when the patent is enforced.”

The full article is available on the Pepper Hamilton website via this link.

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