Posts Tagged: patentability requirements


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 3 days ago 11

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 1 month 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 1 month 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 1 month 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 2 months ago 11

Patentee must show patentability over prior art from original case to amend in IPR

The Federal Circuit affirmed a patentee’s burden included showing patentability over prior art from the patent’s original prosecution history. Prolitec failed to show that its …

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 2 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 3 months ago 2

Understanding the Patent Law Utility Requirement

In order for a patent applicant to satisfy the utility requirement the claimed invention must be “useful” for some purpose either explicitly or implicitly. Utility problems normally …
By Gene Quinn 3 months ago 3

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 4 months ago 22

Mark Cuban: “Get rid of all software patents”

A dim view of software patents does not make Mark Cuban unique, but his latest foray into the patent debate does provide interesting insights into his arbitrary …
By Gene Quinn 4 months ago 117