Posts Tagged: patentable subject matter


Alternative Routes to Protection of Innovation

Every year different groups provide rankings of patent prosecution law firms and a company’s patent count for the year.  Patent law firms will tout their rankings …
By Robert Stoll
4 days ago 49

Iancu: People have a right to know what is patent eligible

While the subject matter of the speech was similar, this speech by Director Iancu was different. It was much more direct and forceful than any of his …
By Gene Quinn
6 days ago 40

Patent Office asks Federal Circuit to Allow Board to Reconsider Eligibility Rejections

Yesterday I wrote about the United States Patent and Trademark Office filing a Director’s Unopposed Motion to Vacate and Remand in In re Intelligent Medical Objects, …
By Gene Quinn
10 days ago 10

USPTO asks Federal Circuit to Vacate, Remand 101 Case to Board in Light of Berkheimer

Yesterday the United States Patent and Trademark Office (USPTO) filed a Director's Unopposed Motion to Vacate and Remand in In re Intelligent Medical Objects, Inc. After the …
By Gene Quinn
11 days ago 8

Federal Circuit: No matter how much the advance the claims recite, they are patent ineligible

This case and the passage above merely confirms what we have long known to be true. The magnitude of the innovation does not matter. Whether there is …
By Gene Quinn
18 days ago 34

Eligibility Rejections are Appearing in Greater Frequency Across all Computer Related Technology Centers

Four years after the Alice decision, we seem to just now be detecting the full impact of the decision. The initial response by the USPTO resulted in …
By Samuel Hayim & Kate Gaudry
25 days ago 13

Did the Supreme Court intentionally destroy the U.S. patent system?

Why did the Supreme Court intentionally destroy the U.S. patent system? That is a question many have been asking themselves in the wake of more than …
By Gene Quinn
26 days ago 67

Vanda v. West-Ward: This Time, Dosage Adjustment Claims are Patent Eligible Subject Matter

The Federal Circuit’s decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, No. 2016-2707, addresses the complicated topic of patent eligibility in the pharmaceutical space. Much of …
By Stephanie Sivinski
1 month ago 18

Director Iancu worries current state of Section 101 ‘weakens the robustness of our IP system’

Director Iancu: "But for our purposes what I know for a fact is that in order to incentivize American innovation whether it’s artificial intelligence, DNA processing, …
By Gene Quinn
1 month ago 32

Patent Subject Matter Eligibility 101

The patents discussed below are all landmark inventions and were conceived by inventors inducted into the National Inventors Hall of Fame (NIHF). Would these ground-breaking inventions, that …
By Manny Schecter
1 month ago 31

Federal Circuit rules Alice did not alter the law governing 101

How the Federal Circuit could rule that Alice did not change the law governing § 101 is a bit of a mystery. Applying the same two-step test seems a …
By Gene Quinn
2 months ago 69

Director Iancu tells Senate: 101 is an issue “we must all address”

"The PTO we will work to provide more concrete tests – to the extent possible given Supreme Court precedent," Director Iancu said speaking about patent eligibility. "This is …
By Gene Quinn
2 months ago 19

It is already too late, but we still have time

“If companies were to lobby to allow for more polluting most people would think that is unethical,” Lauder explained. But there are people lobbying to make it …
By Gene Quinn
2 months ago 31

The CAFC Split Non-precedential Decision in Exergen v. Kaz Raises Interesting Issues About Eligibility Determinations

In Exergen Corporation v. Kaz USA, No. 16-2315 (March 8, 2018), the Federal Circuit, in a split non-precedential opinion, affirmed a holding that Exergen’s claims directed to methods …
By Michael Cottler & David Zimmer
2 months ago 2

Federal Circuit Opens the Door to Extrinsic Evidence in Support of Patent Eligibility

A casual observer may read the Aatrix dissent, or cases cited therein, to say it is improper to consider extrinsic evidence.  In particular, the dissent quotes Secured …
By James Carmichael
3 months ago 3