Posts Tagged: patentability requirements

Claims broad enough to encompass mental processes are unpatentable abstract ideas

The Court reasoned that the claims were limited to straightforward steps that a skilled artisan could perform mentally and that the inventors admitted to doing so. The …

Federal Circuit Clarifies Patent Eligibility Under McRO and Enfish

Using new or improved rules applied by a computer may be patent-eligible, and improving the operation of the computer itself may be patent-eligible, but using a computer …

50 Years of Controversy Rages On: A Closer Look at Computer-Implemented Inventions

This article reviews the 50 years of controversy on software patents. Because there continues to be a cloud over computer-implemented inventions, the article makes the argument, through indisputable …
By Martin Goetz
11 days ago 26

A Look into Uber’s Patent Prosecution History

Since the Supreme Court’s decisions in Mayo Collaborative Services v. Prometheus Laboratories (2012) and Alice Corp. v. CLS Bank Int’l (2014), patent practitioners have struggled in overcoming …
By Audrey Ogurchak
13 days ago 0

Federal Circuit Clarifies ‘Inventive Concept’ as Applied to Computers

This case concerned the subject matter eligibility of patents under 35 U.S.C. § 101, for a computer-related invention. The Federal Circuit affirmed the district court’s decision that …

Affinity Labs of Texas loses two patent eligibility cases at the Federal Circuit

Affinity Labs of Texas, LLC, lost two cases at the Federal Circuit last week, both in decisions authored by Judge Bryson, which Chief Judge Prost and Judge …

More software patent eligible, Federal Circuit says lip synchronization not abstract

It is hard to ignore the fact that the Federal Circuit again continued to point out that the innovation at issued was an improvement. This should give …
By Gene Quinn
1 month ago 29

Medical software provides life-saving results, not abstract ideas

Those who make the argument that medical software is abstract, or trivial, are just wrong. Medical software has been developed to benefit both patients and medical practitioners …
By Gene Quinn & Steve Brachmann
2 months ago 2

USPTO handling of patent eligibility sparks substantive discussion at PPAC meeting

Bahr explained a number of things, including the reason the USPTO has not updated patent eligibility guidance to address the pro-patent decision of the Federal Circuit in …
By Gene Quinn
2 months ago 60

Would Monopoly® be patent ineligible under Alice?

One particularly disconcerting and largely unpredictable aspect of Alice is how it has been used to render games patent ineligible. This type of Alice-creep is particularly disconcerting …
By Gene Quinn
2 months ago 44

Federal Circuit rules claims defining information-based result are patent ineligible

The CAFC then approvingly noted that the district court invoked "an important common-sense distinction between ends sought and particular means of achieving them, between desired results (functions) …
By John M. Rogitz
2 months ago 21

Why Removing Section 101 Won’t be Enough

Removing section 101 would remove the language granting patents only to processes, machines, manufactures, compositions of matter, or new and useful improvements thereof. These categories however have only …
By Daniel Cole
3 months ago 52

Ex Parte Appeals in the Post-Alice World

Amongst the appeals involving patent-eligibility rejections, the most recently filed appeal brief was filed in November 2015. Thus, all of the appeal briefs and most of the PTAB …
By Kate Gaudry & Samuel Hayim
3 months ago 17

Using a European technical effect approach to software patent-eligibility

Unlike Judge Chen’s breadth-based approach, Judge Hughes appears to adopt the proposal of using the European technical effect ( or “technological arts”) analysis to determine whether a …
By John M. Rogitz
3 months ago 3

Using narrow claim breadth as a sign of software patent-eligibility

In two cases written by Judge Chen (DDR Holdings, LLC v. L.P., 2013-1505 (Chen, Wallach, Meyer (dissent) and Bascom Global Internet Services, Inc., v. …
By John M. Rogitz
3 months ago 7