An invention consists of a system and method. The system component comprises an electronic measurement system, which is software configurable \ programmable. I would like to understand which of the two labels the invention will be classified.
LABEL 1: SOFTWARE
As I understand the USPTO patent landscape regarding software, this usually refers to products that are downloadable such as MS-Office: they lack physical embodiment and they are difficult to patent \ maintain due to the challenge of being merely an implementation of an abstract idea.
LABEL 2: MACHINERY \ HARDWARE
In contrast, there is software that is associated with hardware that has been granted patents.
The invention's best embodiment of electronic hardware (computer) is not 'invented' in the sense that all parts can be purchased from a vendor. The inventive step (design) is the arrangement / deployment of the measurement devices to produce high-fidelity measurements for the invention's methods.
The Mayo/Alice Framework's Step 1 poses the question: Which of the four categories labels the claim: a process, machine, article of manufacture, or composition of matter?
- Based on the limited information, does the invention fall into Label 1 or 2?
What strategies, wording, etc. can be engaged to tip the scales in favor of Label 2?
If the patent claims an electronic measurement system and describes its functionality (inputs / algorithm / outputs), is there any benefit to claiming the software? (this assumes category 2)