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   Drafting Software in light of RIM
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   Author  Topic: Drafting Software in light of RIM  (Read 997 times)
TataBoxInhibitor
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Drafting Software in light of RIM
« on: Nov 28th, 2007, 10:39am »
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Group:
 
I was just wondering how the decision in NTP v. Rim has affected the drafting of claims in software applications.
 
As I read it, it seems the method must entirely be performed in the US, however, for the system claim, the service must take place in the US, leaving components to be abroad.  Does this mean that a claim including just a server and another to a client must be placed in the application?
 
Regards,
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Isaac
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Re: Drafting Software in light of RIM
« Reply #1 on: Nov 28th, 2007, 1:00pm »
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on Nov 28th, 2007, 10:39am, TataBoxInhibitor wrote:
 Does this mean that a claim including just a server and another to a client must be placed in the application?

 
I think separate server and client claims are often a great idea simply because they 1) don't require multiple actors to infringe and 2) you might be able to avoid variations on the RIM problem that might not result in liability.
 
Sometimes the client or the server might not be special in any way, and you might not be able to accomplish anything with the claims to the server or the client.
 
And the PTO might implement some kind of claim limits in combination with limits on applications containing related subject matter that make it next to impossible to draft enough claims to cover all of the desired  scenarios.  They might even try to implement such rules retroactively.
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Isaac
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