Posts Tagged: patentable subject matter


The Unforeseen Impact of Alice

The fact is, patent examiners are struggling with the application of 35 USC 101 in light of the Alice decision just as much as everyone else. Greater uncertainty among …
5 months ago 59

Whether an innovation is embodied in software or hardware should be irrelevant

''Whether in a software product or to embody the invention in a hardware product, is often nothing more than a design choice. Whether an innovation is embodied …
6 months ago 7

The European technical standard as a guide for drafting software patents

''A few years ago we ramped up our foreign filings and recognized that we’re writing this one document, this one patent application for so many different …
6 months ago 6

Methods of Organizing Human Activities

Sadly, this is not an isolated case. I’ve seen similar rejections in a diverse (and utterly random) number of art areas and technologies ranging from predictive …
6 months ago 15

On the Road in March 2015

I will be criss-crossing the country again in March 2015, with stops in Washington, DC, Chicago, Michigan, and San Fransisco. What follows is my schedule for the month. …
6 months ago 0

America Must be the Leader in Patenting Innovations, Including Software

I do feel that the whole notion of trying to find an “inventive concept” is really challenged. While the Supreme Court went out of its way to …
6 months ago 0

The Road Forward for Software Patents post-Alice

Whether Alice v. CLS is a ''good'' decision depends on your perspective. Certainly, Alice could have said Diamond v. Diehr was overruled, it could have said that …
6 months ago 15

Arbitrary and Capricious: Exploring Judge Lourie’s flip-flop in Ultramercial

It would be extremely unsettling if the Supreme Court has weakened Judge Lourie's resolve to independently and properly interpret the Patent Act. If there is another explanation …
7 months ago 5

Why Alice v. CLS Bank is a Victory for Software Patents

Based on the Supreme Court decision and the Patent Office guidelines it is clear to me that the Alice Supreme Court decision is a major victory for …
7 months ago 6

PTO releases abstract idea hypotheticals with examples of patent eligible claims

Earlier today the United States Patent and Trademark Office released the promised patent eligible subject matter examples, which together with the recently released guidance will give applicants, …
7 months ago 17

Patent eligibility forum discusses examiners application of Mayo, Myriad, Alice

Drew Hirshfeld, Deputy Commissioner for Patent Examination Policy, went over the highlights of the USPTO interim guidance, explaining “first, we were able to narrow the funnel that …
7 months ago 3

A Software Patent Setback: Alice v. CLS Bank

Truthfully, the Supreme Court decision in Alice can only be described as an intellectually bankrupt. The Supreme Court never once used the word “software” in its decision. …
8 months ago 14