Posts in Bilski


Lefstin, Mossoff critique SCOTUS’ sense of history and negative impacts on today’s patent system

“The Supreme Court has told us, and told itself, a particular story -- a story based in history to justify its current regime,” Lefstin said near the …
By Steve Brachmann
6 months ago 8

Taking stock of the health of the American patent system, a system in crisis

“In our time together today we are going to try and take stock of the health of the American patent system,” Michel began. “It is important to …
By Gene Quinn
9 months ago 32

Sections 101 and 112: Eligibility, Patentability, or Somewhere in Between?

Sections 101 and 112 provide their own separate limitations to the scope of patent protection in ways that are sometimes complimentary and sometimes contradictory... Inventors are motivated to maximize …

No Bridge Over the Troubled Waters of Section 101

The waters surrounding Section 101 of the Patent Act are as muddied as they come. The statute sets forth only in broad strokes what inventions are patentable, leaving …

Does the USPTO have authority to address patent eligibility in Covered Business Method review?

On November 5, 2015, patent owner Retirement Capital Access Management Company LLC filed the most important cert petition this term. This bold effort squarely presents a question circling around …
By Robert P. Greenspoon
2 years ago 47

These Are the 20 Hardest and Easiest Art Units

Art Unit 3689 has the lowest allowance rate at 7.7%. Art Unit 3659 has the highest at 98.3%. Oddly enough, these two art units are from the same technology center. It’…
By Austin Underhill
3 years ago 5

Missed Opportunities for Alice, Software at the Supreme Court

It seems undeniable that Alice missed many opportunities to score easy points. Indirect arguments were made by Alice that didn't seem very persuasive. Indeed, if one is …
By Gene Quinn
4 years ago 19

Patent Turmoil: Navigating the Software Patent Quagmire

Despite the turmoil surround software patent eligibility I believe with great certainty that software will remain patent eligible in the United States. The extreme decisions of the …
By Gene Quinn
4 years ago 39

CLS Bank International: A Fractured Landscape of Patent Eligibility for Business Methods and Systems*

These polar opposite decisions in CyberSource and Ultramercial illustrate how fractured the Federal Circuit’s patent-eligibility landscape has now become for business methods and systems. The most …
By Eric Guttag
5 years ago 28

Patenting Business Methods and Software in the U.S.

Any method claim that does not require machine implementation or does not cause a transformation will fail the test and will be rejected under § 101. The importance of …
By Gene Quinn
6 years ago 3

One Year Post-Bilski: How the Decision is Being Interpreted

This week marks the first anniversary of the Supreme Court issuing its decision in Bilski v. Kappos. The decision held that the machine-or-transformation test is not the …
By Michelle Holoubek
6 years ago 6

Supreme Court Accepts Appeal on Patented Medical Diagnostics

Earlier today the United States Supreme Court granted certiorari in Mayo Collaborative Services v. Prometheus Laboratories, Inc., which sets up another foray into the patent eligible subject …
By Gene Quinn
6 years ago 5

Why Bilski Re-Affirms the Patent-Eligibility of Software

Even a very conservative reading of the opinions indicates that the Justices intended to leave the status of software as patent-eligible subject matter unchanged, and for further …
By Robert Plotkin
7 years ago 42

Jumping Down the Rabbit Hole: Federal Circuit Ducks the Patent-Eligibility Issue in King Pharmaceuticals

With an opportunity to render some order out of the Bilski chaos, the Federal Circuit instead completely ducked the patent-eligibility issue clearly presented in King Pharmaceuticals. The …
By Eric Guttag
7 years ago 10

Interview Finale: Chief Judge Michel on Bilski & Supreme Court

In this final installment of my interview with Chief Judge Paul Michel we discuss Bilski v. Kappos and what he thought of the Supreme Court’s decision. …
By Gene Quinn
7 years ago 2