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The Festo decision of the Federal Circuit Court of Appeals has been overturned. In its decision, the US supreme court criticized the decision of the Federal Circuit and made clear that amendments to an element of a claim do not bar application of the doctrine of equivalents to that element. Prosecution history estoppel, however, continues to apply. Any amendment made during prosecution creates a presumption that the amendment was made to make the claim patentable, and therefore, such amendments may be used against patentees to limit the scope of the claim in litigation. It is the burden of the patentee to overcome this presumption.
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Software Clearly Patentable in Europe (August 31, 2001).
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Especially for IT and Computer Software, here are some reasons to consider filing your patent application in the U.S. first.
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Financial Services Using New Business Methods Enabled By Software Are Now Patentable In The U.S. - With Extraterritorial Effects. Read Article in English Read Article in French

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