The Iowa Law Review article "Patentable Subject Matter" authored by Charlie Damschen, an associate with Davenport's Hamilton IP Law, focused on how courts should judge whether certain software qualified for patent protection. This article has recently been cited by the Franklin Pierce Law Center in its Petition for a Writ of Certiorari amicus brief to the U.S. Supreme Court. Later, Damschen's paper was also cited by William M. Schuster in his article in the Columbia Science and Technology Law Review.

This article focuses on the merits of a patent case similar to Bilski v. Kappos, which is now before the U.S. Supreme Court.  Oral arguments for this case were heard in November and it looks like a decision will come down this spring.  "It's a thrill that my thoughts on this issue are being considered at a national level," cited Damschen.

In the Bilski v. Kappos case, Bilski filed a patent covering a method of hedging risk in the field of commodities trading. Because software is a method performed by a computer, courts treat it as a method when determining patentability. The Court of Appeals for the Federal Circuit ruled the method in Bilski as non-patentable subject matter and decided a method must transform a particular article into a different state for the method to be eligible for patenting. The software and related services sector employ 1.7 million people earning an average of $85,000 annually. The outcome of this case will undoubtedly affect this industry's growth.

Hamilton IP Law aids entrepreneurs in securing protection for all forms of intellectual property.  The firm serves a variety of specializations, including software, agricultural equipment, electrical components and industrial processes.  Hamilton IP Law provides counsel ranging from individual inventors to medium-sized businesses.  Its founder, Jay Hamilton, is a member of the Scott County Bar Association, a board member of the Quad City I-Club and a frequent guest lecturer at various small business and inventor forums.


Contact: Charlie Damschen

331 West 3rd Street, Davenport, IA

Phone: (563) 441-0207