Posts Tagged: patentable subject matter


The USPTO harms the economy with over-aggressive, haphazard Alice-based 101 rejections

It is poor patent policy to have broad areas of technology deemed patent-ineligible entirely, or ineligible without the high cost of attorney time to argue, and likely …
By Louis Hoffman
6 months ago 13

McRo decision expected to clarify abstract idea doctrine under Alice

A case currently pending before the Federal Circuit is anticipated to provide greater guidance into the answer to this question, namely, how district courts should determine whether …
By Zachary Silbersher
7 months ago 42

Patent and IP Wishes from K Street for the New Year

If Gene (the “genie”) were to grant me patent and IP wishes for 2016, I would ask for (in no particular order) the passage of trade secrets legislation, …
By Marla Grossman
7 months ago 7

Amici Ask Federal Circuit to Curb Misapplication of Alice to Specific, Novel, and Concrete Inventions

On December 18, 2015, several amici filed a brief in support of appellants in Netflix, Inc. v. Rovi Corp. et al., No. 15-1917 at the Federal Circuit. The amici …

Programmed computers are switching machines, and not directed to an abstract idea

A computer is a machine, yet there is an ongoing trend to “anthropomorphize” computers. That is: functions that are performed by humans are said to be able …
By Peter Lablans
7 months ago 11

Australia Releases Guidelines on Patentability of Genetic Material – Now That’s How It’s Done

The Australian Patent Office yesterday released its new guidelines in response to Australia’s High Court decision on the patentability of genetic material. The good news for …
By Sue D. Nym
7 months ago 1

CAFC denies Sequenom en banc petition, Next stop SCOTUS

The law of patent eligibility is created by the nine least qualified people to make such a determination; the Justices of Supreme Court of the United States. …
By Gene Quinn
8 months ago 40

Judge Lourie withholds criticism of Supreme Court, explains no judge likes to be reversed

“As this group knows, I had further opportunity to see Supreme Court reversals in patent cases,” Lourie explained. “That has led to a lot of uncertainty in …
By Gene Quinn
9 months ago 22

3D Printed Human Organs and the Debate on Applicable Patent Law

3D printed human organs are coming increasingly close to being a reality according to several reports. In addition to potentially saving thousands of lives every year, this …
By Andrew Armstrong
10 months ago 16

Thoughts on Ex parte Boyden

A couple months ago I commented on Ex parte Khvorova, expressing disappointment in its analysis and concern over what this might mean since it is “the first …
By Sue D. Nym
10 months ago 2

It makes no sense for an algorithm to be unpatentable simply because it is implemented in software

KAPPOS: "Back when I was an engineer we saw it in mainframe computers where you’d make an invention and frequently initially the software wasn’t fast …
By Gene Quinn
10 months ago 50

The Case for Software Patentability, An Interview with David Kappos

KAPPOS: ''Companies like Microsoft and Apple and GE -- all of whom are members [of the Partnership for American Innovation] along with IBM, Ford, DuPont and Pfizer …
By Gene Quinn
10 months ago 10

PTAB Wonderland: Statistics show Alice PTAB interpretation not favorable to patent applicants

The United States Supreme Court is commonly known to resolve difficult issues of law. Yet, Alice v. CLS Bank[ii], last year’s unanimous Supreme Court decision, …
By Eli Mazour & James Bennin
10 months ago 7

Patent Commissioner Drew Hirshfeld on Patent Quality and Patent Eligibility

Drew HIRSHFELD: ''One thing that really can move the ball toward a higher quality patent is again the clarity of the record, and the amount of information …
By Gene Quinn
10 months ago 3

Ariosa v. Sequenom: Dire consequences for biomedicine require rehearing en banc by CAFC

The panel decision in this case reads recent Supreme Court precedent to create an existential threat to patent protection for an array of meritorious inventions. It avowedly …
By Thomas Goldstein
11 months ago 4