Posts Tagged: Patentability


Federal Circuit Affirms ‘Teaching Away’ and ‘Unexpected Results’ that Support Non-obviousness

The Federal Circuit affirmed. The asserted claims were not obvious because, although the claimed amounts (0.01% bimatoprost and 200 ppm BAK) fell within the range disclosed in the prior …

Ariosa is a Good Example of Outcome-Driven § 101 Decisions

The first and most critical task in most eligibility analysis is carefully and precisely defining the subject matter of the claims as well as the natural phenomenon …
Sue D. Nym 19 days ago 34

Lifting the Fog on ‘Software Patents’ – Eliminate that Meaningless Term

Clearly, one does not get a patent on software or a computer program. Software, just like electronic circuits, or steam, or solar energy, or gears, or rubber …
Martin Goetz 23 days ago 14

Thoughts on Ex parte Khvorova

Ex parte Khvorova is the first PTAB decision on patent eligibility in the life sciences. Until now, the PTAB has been remarkably silent on eligibility in life …
Sue D. Nym 1 month ago 9

Trends in Subject Matter Eligibility for Biotechnology Inventions

The USPTO continues to issue patents related to biotechnology and organic chemistry inventions despite the Supreme Court rulings and USPTO guidelines implementing the ruling related to the …

The looming patent nightmare facing the pharmaceutical industry

During the last hearing of the House Judiciary Committee there was an attempt to insert language via amendment that would make it impossible for Kyle Bass and …
Gene Quinn 2 months ago 17

Supreme Court applies stare decisis in patent case

Simply stated, any patent decision from the Supreme Court that cites stare decisis lacks all intellectual credibility given how arbitrarily and capriciously they have ignored their patent …
Gene Quinn 2 months ago 12

Naked Emperors: A Supreme Court Patent Tale

The idea that the Supreme Court is at all capable of understanding — let alone deciding — issues of a technical nature is ridiculous. Yet their individual and collective …
Gene Quinn 3 months ago 79

Is there a future for software patents in an age of software innovation?

Normally when there is a rejection the innovation itself has not been rejected, but rather the particular way in which it has been claimed is found to …
Gene Quinn 3 months ago 5

How to Fix the Software Patent Mess: Go Back to Basics

If U.S. patent eligibility rules were more clear and predictable, the useful art of software development would be more prevalent. The “notorious computer” of the European …
Bradley J. Hulbert 4 months ago 9

Retroactive changes to patent eligibility law suggest patents are not a property right

Changing the rules of the game is fundamentally unfair, which would be obvious to everyone if we were talking about football, soccer or playing a board game. …
Gene Quinn 5 months ago 28

The Unforeseen Impact of Alice

The fact is, patent examiners are struggling with the application of 35 USC 101 in light of the Alice decision just as much as everyone else. Greater uncertainty among …
Manny Schecter 5 months ago 59