The Rise of ‘Non-Transitory’ Claims: How a Single Word Became Key to Software Patent Eligibility


Recent data on patent prosecution indicates a significant trend: the proportion of utility patents featuring "non-transitory" software claims has surged from nearly nonexistent levels 15 years ago to approximately 22% in 2024. This notable increase underscores the pivotal role that software plays within the patent framework and highlights the intricate formal requirements that have developed regarding software patent eligibility under 35 U.S.C. § 101. This evolution reflects broader shifts in the patent landscape, illustrating how legal interpretations and technological advancements intersect to shape the future of intellectual property related to software innovations.



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