Posts Tagged: patent eligible


Revised Patent Eligibility Guidance Effectively Defines What is an Abstract Idea

In essence, by narrowly identifying certain subject matter groups as being those that properly qualify for characterization as abstract ideas the USPTO is effectively defining what is …
By Gene Quinn
2 months ago 30

American Innovation at Risk: The New Congress Must Clarify Which Inventions Are Eligible for Patents

The U.S. Supreme Court has muddied the waters about patent eligibility in a way that threatens American innovation.  Capitol Hill is beginning to discuss this as …
By Herbert C. Wamsley
2 months ago 47

SCOTUS Reversals Have Created a Compliant Federal Circuit

The Federal Circuit has been reversed so often by the Supreme Court it seems that at least some of the Judges on the Court have simply decided …
By Gene Quinn & Eric Guttag
2 months ago 11

Section 101 Motions to Dismiss Still Alive in District Courts

In Berkheimer and Aatrix, the Federal Circuit indicated that although patent eligibility under Section 101 is ultimately a question of law, the determination may have factual underpinnings that, …
By Ana Friedman
2 months ago 4

Ancora v HTC: Why You Should Draft Patents That Emphasize Technical Solutions

Last week, in Ancora Technologies v HTC America, the Federal Circuit reversed a lower court’s invalidity ruling under 35 USC §101 by concluding that Ancora’s claimed subject …
By Steve Saunders
3 months ago 9

CAFC: Patent Claim Directed to Concrete Assignment of Specified Functions is Patent Eligible

The Federal Circuit recently reversed the Western District of Washington’s dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure where the district court held …

Iancu Proposes Overcoming 101 ‘Morass’ by Strictly Following Supreme Court Precedent

Director Iancu's remarks gave a first look at what his reforms will look like, and by all indications these changes will be extremely innovator friendly... What has …
By Gene Quinn
3 months ago 44

Artificial Intelligence Technologies Facing Heavy Scrutiny at the USPTO

Artificial intelligence technologies are transforming industries and improving human productivity and health. Unfortunately, the stark reality appears to be that artificial intelligence technologies are likely to be …
By Kate Gaudry & Samuel Hayim
3 months ago 4

Federal Circuit Issues Another Rule 36 Patent Eligibility Loss to a Patent Owner

This particular Rule 36 patent eligibility loss for the patent owner came in Digital Media Technologies, Inc. v. Netflix, Inc., et al., affirmed the district court’s finding …
By Gene Quinn & Steve Brachmann
3 months ago 15

Does the Supreme Court even appreciate the patent eligibility chaos they created?

At the beginning of this decade the United States Supreme Court embarked on a path that would ultimately result in a significant re-writing of the law of …
By Gene Quinn
3 months ago 58

Supreme Court Refuses Another 101 Patent Eligibility Appeal

REAL argued in its petition that step two of the Alice test used to determine invalidity under Section 101 requires questions of fact that were never asked by …
By Steve Brachmann
3 months ago 19

Iancu: Major PTAB Initiatives Rolled Out, Time to Assess Changes and Stakeholder Reaction

Director Iancu did not make much, if any, news speaking at PPAC today. He did, however, indicate that at least for now his major initiatives to reform …
By Gene Quinn
4 months ago 3

The Hunt for the Inventive Concept is the Flash of Creative Genius Test by Another Name

Today the flash of creative genius test has reared its ugly head once more, this time as a consideration under a patent eligibility inquiry and 35 U.S.…
By Gene Quinn
4 months ago 18

Is the Federal Circuit Closer to Requiring a Real Claim Construction for Patent Eligibility?

To date the United States Court of Appeals for the Federal Circuit has not explicitly required district courts to conduct a formal claim construction prior to determining …
By Gene Quinn
4 months ago 2

Unintelligible and Irreconcilable: Patent Eligibility in America

The Alice/Mayo framework does not mandate a conclusion, it tolerates – even enables – whatever conclusion the decision maker prefers. This is allowed because of a universe of …
By Gene Quinn
4 months ago 20