by Dennis Crouch

Recent patent prosecution data reveals a striking trend: the percentage of utility patents containing “non-transitory” software claims continued to increase — from virtually zero 15 years ago to nearly 22% in 2024. This dramatic rise illustrates both the central role of software in our patent system and the peculiar formalistic requirements that have emerged around software patent eligibility under 35 U.S.C. § 101.

The story behind this trend begins with