Posts Tagged: patentable subject matter


USPTO handling of patent eligibility sparks substantive discussion at PPAC meeting

Bahr explained a number of things, including the reason the USPTO has not updated patent eligibility guidance to address the pro-patent decision of the Federal Circuit in …
By Gene Quinn
1 day ago 20

Free Webinar: Learning what the most successful companies do to overcome Alice rejections

On Wednesday, August 24, 2016, at 2pm ET, I will be hosting a free webinar discussion on how to overcome Alice rejections. I will discuss the companies that are …
By Gene Quinn
4 days ago 8

Would Monopoly® be patent ineligible under Alice?

One particularly disconcerting and largely unpredictable aspect of Alice is how it has been used to render games patent ineligible. This type of Alice-creep is particularly disconcerting …
By Gene Quinn
10 days ago 42

Federal Circuit rules claims defining information-based result are patent ineligible

The CAFC then approvingly noted that the district court invoked "an important common-sense distinction between ends sought and particular means of achieving them, between desired results (functions) …
By John M. Rogitz
17 days ago 21

Hop on the Patent Prosecution Highway (PPH) via Australia

IP Australia actually has built into its quota system a driver for completing prosecution of open cases before taking up new cases. Therefore, there is a rule …
By Paula Chavez
17 days ago 3

Why Removing Section 101 Won’t be Enough

Removing section 101 would remove the language granting patents only to processes, machines, manufactures, compositions of matter, or new and useful improvements thereof. These categories however have only …
By Daniel Cole
18 days ago 50

Ex Parte Appeals in the Post-Alice World

Amongst the appeals involving patent-eligibility rejections, the most recently filed appeal brief was filed in November 2015. Thus, all of the appeal briefs and most of the PTAB …
By Kate Gaudry & Samuel Hayim
23 days ago 17

Using a European technical effect approach to software patent-eligibility

Unlike Judge Chen’s breadth-based approach, Judge Hughes appears to adopt the proposal of using the European technical effect ( or “technological arts”) analysis to determine whether a …
By John M. Rogitz
29 days ago 3

Using narrow claim breadth as a sign of software patent-eligibility

In two cases written by Judge Chen (DDR Holdings, LLC v. Hotels.com L.P., 2013-1505 (Chen, Wallach, Meyer (dissent) and Bascom Global Internet Services, Inc., v. …
By John M. Rogitz
1 month ago 7

Federal Circuit gives patent eligibility relief to life sciences sector

The Federal Circuit, with Chief Judge Prost writing for the majority, joined by Judge Moore and Judge Stoll, vacated and remanded the case after ruling that the ‘929 …
By Gene Quinn
2 months ago 31

In BASCOM v. AT&T the CAFC says software patent eligible again

This case arrived at the Federal Circuit on an appeal brought by BASCOM from the district court’s decision to grant a motion to dismiss under Rule 12(…
By Gene Quinn
2 months ago 26

No Bridge Over the Troubled Waters of Section 101

The waters surrounding Section 101 of the Patent Act are as muddied as they come. The statute sets forth only in broad strokes what inventions are patentable, leaving …

Supreme Court denies cert. in Sequenom v. Ariosa Diagnostics

Earlier today the United States Supreme Court denied certiorari to Sequenom, Inc., which will let stand a decision of the United States Court of Appeals for the …
By Gene Quinn
2 months ago 72

Should Section 101 of the Patent Act be Removed

David Kappos, the director of the USPTO under President Obama from 2009 to 2013, recently called for congress to repeal section 101 of the patent act. According to Kappos, the …
By Daniel Cole
2 months ago 39

Jericho asks SCOTUS to consider whether blueprint for Defense Global Information grid is abstract

Jericho’s access control model was first used as the blueprint for the Department of Defense Global Information grid in 2007. The software was later deployed across two …
By Audrey Ogurchak
2 months ago 5