Posts in Patent Eligibility


CAFC upholds invalidation of patent application covering patient data management tech under Alice

On Monday, March 13th, the U.S. Court of Appeals for the Federal Circuit issued a decision upholding the Patent Trial and Appeal Board’s (PTAB) finding …
By Steve Brachmann
5 days ago 22

Examining USPTO Business Method Patent Eligibility Examples

On December 15, 2016, the USPTO published three subject matter eligibility examples focusing on business method claims. The purpose of these examples is to give guidance on how claims …
By Kris Rhu & Paul Gurzo
8 days ago 1

PTAB denied institution of CBM against automotive feature consolidation patent under Unwired Planet standard

In a surprisingly restrained decision, the Patent Trial and Appeal Board (PTAB) released a decision denying institution of a covered business method (CBM) review proceeding on a …
By Steve Brachmann
9 days ago 0

Why a Hall of Fame patent for a content delivery network likely couldn’t survive Alice

There can be little doubt that today the claims of the ‘703 patent would be considered to cover a patent ineligible abstract idea. In other words, had the …
By Gene Quinn
13 days ago 19

Other Barks for Wednesday, March 15th, 2017

A well-known patent monetization firm jumps back into the brokered patent market in 2016’s fourth quarter. A federal judge in New York allows arguments over whether American …
By Steve Brachmann
14 days ago 0

PTAB ends Kyle Bass IPRs targeting Acorda patents on Ampyra MS treatment with no findings of obviousness

A panel of administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) issued a final written decision ending a series of inter partes review (…
By Steve Brachmann
14 days ago 2

The coupling of § 101 and § 112, and what it means for patent practitioners

A recent opinion by the Federal Circuit suggests that there will be considerable uncertainty about the respective boundaries of §§ 101 and 112 in the years ahead. In Trading Technologies …

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 …

UK Digital Strategy initiatives in AI, robotics underscore lagging U.S. development caused by patent ineligibility of software

The absurd way in which important players in the U.S. patent system view the patentability of software innovations will undoubtedly harm our country’s chances of …
By Steve Brachmann
18 days ago 0

Have We Gone Too Far to Eradicate Weak Patents?

Asking whether the industry has gone too far to eradicate weak patents misses the point entirely, and to some extent will allow those who want the patent …
By Gene Quinn
20 days ago 8

Other Barks for Wednesday, March 8th, 2017

A growing Chinese consumer electronics firm acquires a patent portfolio that makes them the fourth global producer of smartphones with the capacity to develop semiconductors in-house. The …
By Steve Brachmann
21 days ago 3

§ 101 Rejections in the Post-Alice Era

The § 101 rejection rate for patent applications in the e-commerce work groups approaches 100%, then drops precipitously for the remaining seven of the top ten work groups with the …
By James Cosgrove
21 days ago 3

China relaxing barriers to software, business method patents with revised patent guidelines

Guidelines, set to go into effect on April 1st in China, continue to leave the window open for software and business method patents. For software patents, patent …
By Steve Brachmann
25 days ago 5

Revolutionary JP Morgan software capable of doing contract review likely patent ineligible in the U.S.

JP Morgan has created revolutionary software capable of doing in seconds the same work that it would take a large team of lawyers 360,000 hours to complete. Clearly, …
By Gene Quinn
28 days ago 77

N.D. Ga. judge invalidates two patents covering remote race car audio broadcasts under Alice standard

On February 17th, a judge in the U.S. District Court for the Northern District of Georgia (N.D. Ga.) granted a motion to dismiss a case …
By Steve Brachmann
30 days ago 18