Posts Tagged: Patentability


CAFC finds graphical user interface patent claims eligible, CBM decision still pending

The Federal Circuit has found claims to a graphical user interface (GUI) patent to be patent eligible. See Trading Technologies International, Inc. v. CQG, Inc. The decision …
By Gene Quinn
2 hours ago 1

PTAB declares MRI machine an abstract idea, patent ineligible under Alice

In what can be described only as an utterly ridiculous, intellectually insulting, and idiotic decision, the Patent Trial and Appeal Board (PTAB) of the United States Patent …
By Gene Quinn
15 days ago 160

Patent and IP Wishes for 2017

First, I continue to wish for patent eligibility reform in Congress that would overrule Mayo, Myriad and Alice, although I am mindful of both how naive that …
By Gene Quinn
15 days ago 1

The broadest reasonable interpretation of a patent claim does not extend to a legally incorrect interpretation

In a December 22, 2016 decision, the Federal Circuit vacated a decision by the Patent Trial and Appeal Board (“The Board”) in two inter partes review (IPR) proceedings. The …

2016 Patent Year End Review: Insiders Reflect on the Biggest Patent Moments of the Year

It is one again time to take a moment to look back on the year that was, reflecting on the biggest, most impactful moments of 2016. For us …
By Gene Quinn
21 days ago 32

The quest for patent quality: European inventive step and US obviousness

In Europe and the US, patentability depends on a showing of inventiveness that is based on similar legal requirements but practice differs substantially and the resulting patent …
By Brian Cronin
29 days ago 9

Revised Chinese patent guidelines mean better prospects for software, business methods than U.S.

In late October, China’s State Intellectual Property Office (SIPO) released a set of guidelines for Chinese patent examiners that revises the last guidelines put in place …
By Steve Brachmann
29 days ago 23

Google Classroom and Picking Economic Winners and Losers

So why is the high school in my little blue collar town using Google Classroom and not one of these companies that pitched to Dell in the 1990’…
By Paul Morinville
30 days ago 12

The Supreme Court’s Section 101 Jurisprudence: Dangers for the Innovation Economy

To shed light on this issue, and on possible solutions, Inventing America and IPWatchdog will host a conference on Section 101, with remarks by U.S. Senator Chris …
By Gene Quinn
2 months ago 0

Software Patents Will Survive: How Section 101 Law Is Settling Down

I think the reality is that software patents in some form are here to stay for the foreseeable future; it is also true that things that used …
By Matt Levy
2 months ago 54

A Guide to Software Patent Eligibility at the Federal Circuit

The Alice/Mayo framework is the decisional approach adopted by the United States Supreme Court for determining whether a patent claim exhibits, such as software patent claims, …
By Gene Quinn
2 months ago 13

How to Patent Software in a Post Alice Era

In a nutshell, if you are going to write a patent application in such a way that at the end of the it the reader is left …
By Gene Quinn
2 months ago 13

Federal Circuit: An unconventional solution to a technological problem is patent eligible

The ’510, ‘984, and ‘797 patents were each held eligible for similar reasons. Again, the court found that even if the claims were directed to an abstract idea, they would …

More Humans Have Walked on the Moon than have Won Eligibility Cases Before the CAFC

In reaching its decision, the CAFC ignored the U.S. Supreme Court’s decision in Diamond v. Diehr, 450 U.S. 175 (1981). The claims in dispute are unlike the …
By Malcolm E. Whittaker
3 months ago 20

USPTO issues new memorandum on software eligibility in light of McRo, BASCOM

Earlier today the United States Patent and Trademark Office issued a new memorandum to patent examiners on recent software patent eligibility decisions from the Federal Circuit. The …
By Gene Quinn
3 months ago 11