Posts Tagged: patent eligibility


The State of the U.S. Patent System: From Oil States to Patent Eligibility

One week ago, the United States Supreme Court issued two decisions pertaining to inter partes review (IPR) challenges at the Patent Trial and Appeal Board (PTAB). Meanwhile, …
By Gene Quinn
3 months ago 0

Federal Circuit rules Alice did not alter the law governing 101

How the Federal Circuit could rule that Alice did not change the law governing § 101 is a bit of a mystery. Applying the same two-step test seems a …
By Gene Quinn
3 months ago 69

USPTO memo explains changed Alice Step 2B to examiners

Yesterday the USPTO issued subject matter eligibility guidance to its examining corps in a memorandum that changes how examiners approach their Alice Step 2B analysis. Specifically, the …
By John M. Rogitz
3 months ago 3

USPTO issues 101 guidance limiting examiner ability to merely conclude elements are well-known, convention or routine

The Notice is significant because in a 101 rejection, an examiner cannot simply assume that elements or a combination are "well understood, routine or conventional." Examiners will be …
By Gene Quinn
3 months ago 22

Director Iancu tells Senate: 101 is an issue “we must all address”

"The PTO we will work to provide more concrete tests – to the extent possible given Supreme Court precedent," Director Iancu said speaking about patent eligibility. "This is …
By Gene Quinn
3 months ago 19

It is already too late, but we still have time

“If companies were to lobby to allow for more polluting most people would think that is unethical,” Lauder explained. But there are people lobbying to make it …
By Gene Quinn
3 months ago 31

The CAFC Split Non-precedential Decision in Exergen v. Kaz Raises Interesting Issues About Eligibility Determinations

In Exergen Corporation v. Kaz USA, No. 16-2315 (March 8, 2018), the Federal Circuit, in a split non-precedential opinion, affirmed a holding that Exergen’s claims directed to methods …
By Michael Cottler & David Zimmer
3 months ago 2

Federal Circuit Opens the Door to Extrinsic Evidence in Support of Patent Eligibility

A casual observer may read the Aatrix dissent, or cases cited therein, to say it is improper to consider extrinsic evidence.  In particular, the dissent quotes Secured …
By James Carmichael
4 months ago 3

Federal Circuit Decisions Breathe New Life Into Alice Responses by Patent Prosecutors

While most commentary to date has focused on the implications for litigation, two recent Federal Circuit decisions have promising implications for patent prosecutors struggling to overcome conclusory …

Law Professors Urge CAFC to Uphold Cleveland Clinic Diagnostic Method Patents

A group of six patent law professors filed an amicus brief with the Court of Appeals for the Federal Circuit in Cleveland Clinic v. True Health Diagnostics. …
By Steve Brachmann
4 months ago 1

Breaking Through on Patent Eligibility, From Drafting to Litigation

Over the last five weeks there has been a seismic shift in the way the Federal Circuit views the resolution of patent eligibility issues during patent infringement …
By Gene Quinn
4 months ago 0

China Outpaces U.S. in AI Startup Funding, Aims for AI Dominance

In 2017, 48 percent of the world’s entire equity funding for AI startups was located in China. The U.S. was in second-place, lagging behind at 38 percent of …
By Steve Brachmann
4 months ago 2

PTAB is Bogged Down by Eligibility Appeals

The low allowance rates and nearly blanket eligibility-rejection issuance in the business-method art units is not without consequence. Beyond disincentivizing innovation, the examination of business-method applications is …
By Samuel Hayim & Kate Gaudry
5 months ago 17

Factual Allegations on Inventive Concept Preclude Dismissal of Complaint Under § 101

In Atrix Software v. Green Shades Software, Aatrix sued Green Shades for infringement, and Green Shades moved to dismiss. The district court granted the motion, holding: (1) claim 1 …

Aatrix Software v. Green Shades Software: Pleading must be taken as true on 101 motion to dismiss

"The Aatrix ruling is significant because when deciding a motion to dismiss all factual allegations made by the plaintiff (i.e., the patent owner) in the complaint …
By Steve Brachmann
5 months ago 6

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