Posts Tagged: patentable subject matter


First PTAB Reversals Under New Subject Matter Eligibility Guidance

Since having been sworn in as the new director of the U.S. Patent and Trademark Office (USPTO) in February 2018, Andrei Iancu has led the charge to …

The Federal Circuit is Shirking Its Constitutional Duty to Provide Certainty for Critical Innovation

Here we go again! Another patent whose claims have been invalidated at the Federal Circuit—predictably, another medical diagnostic patent. Athena Diagnostics v. Mayo Collaborative (Fed. Cir. …
By Gene Quinn
3 days ago 18

Combating the ‘Dunning-Kruger Effect’ in Inventors

Patent professionals encounter many different personality types working with their colleagues and inventors. On one end, there are those who do great work but lack confidence in …

The ‘Iancu Effect’ Won’t Matter if Not Supported by the Courts or Congress

The Global Innovation Policy Center (GIPC) of the U.S. Chamber of Commerce issued its annual International IP Index ranking the intellectual property environments in 50 of the …
By Gene Quinn
4 days ago 4

Anatomy of a Valuable Patent: Building on the Structural Uniqueness of an Invention

From a conceptual standpoint, it would seem logical to assume that writing text to describe a particular invention ought to be easy for the inventor of that …
By Gene Quinn
5 days ago 0

As the Climate for U.S. Patents Turns Brighter, Now is the Right Time to Invest in These Assets

The cost of obtaining a U.S. patent has not significantly changed for the past 10 years. This remarkable stability is confirmed by the AIPLA Economic Survey, our …
By Philippe Signore
9 days ago 4

Director Iancu Should Personally Conduct Video Training Explaining Section 101 Guidance

During the interview with Technology Center Director Tariq Hafiz we discussed whether it is realistic to expect patent examiners to perform a complete Section 101 analysis, including comparing …
By Eli Mazour
19 days ago 25

IBM: Software Patent Exceptions Make No Sense in a World Where “Software is Ubiquitous”

In Part I of my recent interview with IBM, I spoke with Mark Ringes, IBM Vice President and Assistant General Counsel, and Manny Schecter, Chief Patent Counsel, …
By Gene Quinn
22 days ago 3

Is 2019 the Year Clarity Returns to Section 101? Judge Paul Michel Is Hopeful

For almost ten years, U.S. patent law has experienced extraordinary confusion and uncertainty about what types of inventions and discoveries are patent eligible. The U.S. …
By Judge Paul Michel
22 days ago 17

How Can I Sell an Idea for Profit? Unlocking the Idea-Invention Dichotomy

Selling an idea and waiting for lottery-like winnings to arrive at your doorstep seems to be the American dream. It is certainly the dream of every inventor, …
By Gene Quinn
28 days ago 6

Conclusory Legal Opinions of Patentee’s Expert Not Enough to Prevent 12(b)(6) Dismissal

Several weeks ago, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Glasswall Solutions Limited v. Clearswift Ltd., affirming a district court’s …
By Steve Brachmann
29 days ago 13

Sherry Knowles Scrutinizes an Activist Supreme Court and its Unconstitutional Approach to Patent Eligibility

The Supreme Court has brazenly admitted it is not following Congress’ statutory instructions on patent eligibility in several cases. And it has carried out virtually none of …
By Gene Quinn
1 month ago 65

A New Court and a New Fix for Alice and Patent Eligibility under Section 101

In Henry Schein, Inc. v. Archer & White Sales, Inc., Case No. 17-1272, Justice Brett Kavanaugh authored an opinion applying a statutory construction principle to the Federal Arbitration …
By Robert Isackson
1 month ago 40

In CAFC Holding Finding Dice Games Abstract, Judge Mayer Delivers Concerning Concurrence

On December 28, 2018, the U.S. Court of Appeals for the Federal Circuit issued an opinion in In re Marco Guldenaar Holding B.V. (2017-2465) in which the …
By John M. Rogitz
1 month ago 6

Software Patent Drafting Lessons from the Key Lighthouse Cases

Obtaining a U.S. software patent is still harder than it was five years ago, but studying these "lighthouse" cases can improve one's chances of success. While …
By Gene Quinn
1 month ago 3