Posts Tagged: patentable subject matter


When all else fails, consult the statute!

Specifically, the petition presents the question: is patent ineligibility under 35 U.S.C. § 101, which Congress did not codify in 35 U.S.C. § 282(b), not a cognizable defense …
By Lewis Hudnell
7 days ago 4

Surviving Alice: Sufficient Inventive Concept Must be in Claim, Not Specification

In Two-Way Media Ltd v. Comcast Cable Communs., LLC, (Opinion for the court, Reyna, J.), the Federal Circuit affirmed a district court decision finding four patents owned …

Smart Systems decision a sad reminder of deleterious state of U.S. patent eligibility law

The Federal Circuit evidences a great deal of myopia to declare that these patents are not directed to a technological advance, even if they can string together …
By Steve Brachmann & Gene Quinn
12 days ago 6

CAFC Rules Mass Transit Fare System Claims Patent Ineligible

In Smart Sys. Innovations, LLC v. Chi. Transit Auth., the majority of a Federal Circuit panel affirmed a district court’s holding that several claims of four …

Patent-Ineligible Claims Dismissed Based On Intrinsic Evidence

The Federal Circuit heard the case of Secured Mail Solutions LLC v. Universal Wilde, Inc., where the Appellant, Secured Mail Solutions LLC (“Secured Mail”) appealed from the …

Senate Republicans discuss patent reform in private briefing with infringer lobby

The Senate Republican High-Tech Task Force convened in order to hear from patent experts on the impact of the U.S. Supreme Court's ruling in TC Heartland, …
By Gene Quinn
2 months ago 8

USPTO Update from John Cabeca, Silicon Valley Director

One area the Office is reviewing is in the area of Examiner Time Analysis. The Office hasn’t changed the classification of applications (i.e., complex versus …
By Gene Quinn
2 months ago 5

How the New USPTO Director Can Impact Patent Subject Matter Eligibility and Post-Patent Grant Challenge Proceedings

As the challenge proceedings and the Patent Trial and Appeal Board mark their fifth anniversary, we should reflect on whether they have achieved their intended purpose. About …
By Manny Schecter
2 months ago 4

Federal Circuit Reverses Rule 12(b)(6) Eligibility Dismissal Under First Step of Alice

In Visual Memory LLC v. NVIDIA Corp., a district court dismissed a patent infringement complaint under FRCP 12(b)(6) for failure to state a claim, because the patent …

Placing limits on innovation may exclude great inventions before it’s known what has been excluded

Since U.S. patents are granted with exclusive right to exclude, the only way to realize values of inventions is licensing, suing for damages or both. This …
By Jianqing Wu, Ph.D.
3 months ago 34

Federal Circuit says computer memory system claims patent eligible, not abstract

The majority determined that the patent claims drawn to a computer memory system did not cover an abstract idea and, therefore, the second step of the Alice …
By Gene Quinn
3 months ago 45

Patent ‘gold rush’ to blame for patent sharks, patent trolls

Patent trolls – as well as calls for changes to the law to prevent them – date back to at least the 1800’s. A look at their history suggests …
By Neel Chatterjee
3 months ago 20

The Problem of Reducing Patentability to Novelty

Ironically, judicial decisions on patent eligibility tend to depend on inventiveness, with tests of originality that tend to refer to novelty, reducing the issue of patentability to …
By Neal Solomon
4 months ago 37

Revising Section 101 of the Patent Act: What’s at Stake?

These revisions favor patent owners, according to Palmer, but not everyone is supportive. For instance, Bilski, Mayo, Myriad, and Alice have given several accused infringers an additional …
By Amanda G. Ciccatelli
4 months ago 23

Patent Bar Groups Propose Legislation to Fix Patent Subject Matter Eligibility Problems

Over the past few months, several of the major intellectual property organizations have developed proposed legislative fixes to patent subject matter holdings by the courts. The American …
By Robert Stoll
4 months ago 62