A Beauregard claim is a type of claim in a patent application that claims a computer program as a product, rather than a process. The claim is named after the 1995 decision In re Beauregard, in which the Federal Circuit Court of Appeals held that computer programs are patentable subject matter under 35 U.S.C. § 101.
Beauregard claims are typically written in the form of a claim to an article of manufacture, such as a computer-readable medium on which instructions are encoded for carrying out a process. The claim may also include a preamble that describes the general nature of the invention.
Beauregard claims are often used to protect computer programs that are stored on tangible media, such as floppy disks or CD-ROMs. However, they can also be used to protect computer programs that are stored on intangible media, such as the internet.
Beauregard claims have been controversial since their inception. Some critics argue that they are too broad and allow for the patenting of software that should not be patented. Others argue that they are necessary to protect the investment of software developers.
The Supreme Court of the United States has not yet ruled on the constitutionality of Beauregard claims. However, the Court has expressed skepticism about the patentability of software. In the 2014 case Alice Corp. v. CLS Bank International, the Court held that a patent claim that merely recites an abstract idea is not patentable. This decision suggests that Beauregard claims may be at risk of being invalidated.
Despite the controversy, Beauregard claims remain a popular way to protect computer programs. If you are considering filing a patent application for a computer program, you should consult with an experienced patent attorney to discuss whether a Beauregard claim is appropriate for your invention.
Here are some examples of Beauregard claims being used in real life:
- In 2000, the USPTO granted a patent to Amazon for a Beauregard claim that covered its one-click ordering system.
- In 2002, the USPTO granted a patent to Microsoft for a Beauregard claim that covered its Windows operating system.
- In 2004, the USPTO granted a patent to Apple for a Beauregard claim that covered its iPod music player.
These are just a few examples of how Beauregard claims have been used to protect computer programs in the real world. If you are considering using Beauregard claims in your patent application, you should consult with an experienced patent attorney to discuss the pros and cons of this approach.
Here are some of the advantages of using Beauregard claims:
- Beauregard claims can provide broad protection for computer programs.
- Beauregard claims can be used to protect computer programs that are stored on tangible media or intangible media.
- Beauregard claims can be used to protect computer programs that are implemented in hardware or software.
Here are some of the disadvantages of using Beauregard claims:
- Beauregard claims can be controversial.
- Beauregard claims may be invalidated by the Supreme Court.
- Beauregard claims can be difficult to enforce.
If you are considering using Beauregard claims in your patent application, you should consult with an experienced patent attorney to discuss the pros and cons of this approach.
