Posts Tagged: patent eligible


What is a patent and where do patent rights come from?

A patent is a proprietary right granted by the Federal government pursuant to laws passed by Congress. The Congressional power to authorize patents is found in Article …
By Gene Quinn
5 months ago 2

Using contrasting examples to rein in capricious application of Alice by the patent examining corps

Although categorizing abstract ideas could be helpful, the use of categories expands the risk of overbreadth, especially when the categories have little definition, include sub-categories, and lack …
By Louis Hoffman
5 months ago 7

The Patent Office should establish a more systematic approach to Alice-based 101 examination

Addressing the problem would be responsive to the overwhelming bulk of commenters who expressed opinions on the PTO’s most recent July 2015 Update on Subject Matter Eligibility (…
By Louis Hoffman
6 months ago 10

The USPTO harms the economy with over-aggressive, haphazard Alice-based 101 rejections

It is poor patent policy to have broad areas of technology deemed patent-ineligible entirely, or ineligible without the high cost of attorney time to argue, and likely …
By Louis Hoffman
6 months ago 13

McRo decision expected to clarify abstract idea doctrine under Alice

A case currently pending before the Federal Circuit is anticipated to provide greater guidance into the answer to this question, namely, how district courts should determine whether …
By Zachary Silbersher
7 months ago 42

Patent and Trade Secret Wishes for 2016

This year our panel has a diverse variety of wishes. We see the usual wishes relating to patent eligibility and the abstract idea exception, with a reference …
By Gene Quinn
7 months ago 4

Patent and IP Wishes from K Street for the New Year

If Gene (the “genie”) were to grant me patent and IP wishes for 2016, I would ask for (in no particular order) the passage of trade secrets legislation, …
By Marla Grossman
7 months ago 7

Amici Ask Federal Circuit to Curb Misapplication of Alice to Specific, Novel, and Concrete Inventions

On December 18, 2015, several amici filed a brief in support of appellants in Netflix, Inc. v. Rovi Corp. et al., No. 15-1917 at the Federal Circuit. The amici …

Programmed computers are switching machines, and not directed to an abstract idea

A computer is a machine, yet there is an ongoing trend to “anthropomorphize” computers. That is: functions that are performed by humans are said to be able …
By Peter Lablans
7 months ago 11

Australia Releases Guidelines on Patentability of Genetic Material – Now That’s How It’s Done

The Australian Patent Office yesterday released its new guidelines in response to Australia’s High Court decision on the patentability of genetic material. The good news for …
By Sue D. Nym
8 months ago 1

Best Practices for Drafting Software Patent Applications post-Alice

Don't be afraid to make the technical disclosure long, dense and difficult to read, at least for those without technical training. In my opinion one of the …
By Gene Quinn
8 months ago 12

CAFC denies Sequenom en banc petition, Next stop SCOTUS

The law of patent eligibility is created by the nine least qualified people to make such a determination; the Justices of Supreme Court of the United States. …
By Gene Quinn
8 months ago 40

Software Patent Eligibility: Where is the Industry Heading?

''There should be no serious question that computer-implemented inventions such as software constitute patent-eligible subject matter under § 101,'' Paul Clement wrote in a brief filed on behalf …
By Gene Quinn
9 months ago 2

Judge Lourie withholds criticism of Supreme Court, explains no judge likes to be reversed

“As this group knows, I had further opportunity to see Supreme Court reversals in patent cases,” Lourie explained. “That has led to a lot of uncertainty in …
By Gene Quinn
9 months ago 22

3D Printed Human Organs and the Debate on Applicable Patent Law

3D printed human organs are coming increasingly close to being a reality according to several reports. In addition to potentially saving thousands of lives every year, this …
By Andrew Armstrong
10 months ago 16