Posts Tagged: patentable subject matter


Federal Circuit Should Reconsider Ariosa v. Sequenom: The Panel Decision Threatens Modern Innovation

As the amici correctly argue, the panel’s decision striking down Sequenom’s noninvasive prenatal test strikes at the very heart of the patent system. Revolutionary diagnostic …
By Devlin Hartline 8 months ago 2

Patenting business methods and software still requires concrete and tangible descriptions

The key to obtaining a software patent is to thoroughly describe the system and processes from a technological level. As to Judge Chen explained in DDR Holdings, …
By Gene Quinn 8 months ago 0

Ariosa is a Good Example of Outcome-Driven § 101 Decisions

The first and most critical task in most eligibility analysis is carefully and precisely defining the subject matter of the claims as well as the natural phenomenon …
By Sue D. Nym 9 months ago 34

Lifting the Fog on ‘Software Patents’ – Eliminate that Meaningless Term

Clearly, one does not get a patent on software or a computer program. Software, just like electronic circuits, or steam, or solar energy, or gears, or rubber …
By Martin Goetz 9 months ago 14

Thoughts on Ex parte Khvorova

Ex parte Khvorova is the first PTAB decision on patent eligibility in the life sciences. Until now, the PTAB has been remarkably silent on eligibility in life …
By Sue D. Nym 9 months ago 9

Trends in Subject Matter Eligibility for Biotechnology Inventions

The USPTO continues to issue patents related to biotechnology and organic chemistry inventions despite the Supreme Court rulings and USPTO guidelines implementing the ruling related to the …
By Gaudry, Grab & McKeon 10 months ago 1

The looming patent nightmare facing the pharmaceutical industry

During the last hearing of the House Judiciary Committee there was an attempt to insert language via amendment that would make it impossible for Kyle Bass and …
By Gene Quinn 10 months ago 17

Naked Emperors: A Supreme Court Patent Tale

The idea that the Supreme Court is at all capable of understanding — let alone deciding — issues of a technical nature is ridiculous. Yet their individual and collective …
By Gene Quinn 11 months ago 79

Is there a future for software patents in an age of software innovation?

Normally when there is a rejection the innovation itself has not been rejected, but rather the particular way in which it has been claimed is found to …
By Gene Quinn 11 months ago 6

How to Fix the Software Patent Mess: Go Back to Basics

If U.S. patent eligibility rules were more clear and predictable, the useful art of software development would be more prevalent. The “notorious computer” of the European …
By Bradley J. Hulbert 12 months ago 9

Retroactive changes to patent eligibility law suggest patents are not a property right

Changing the rules of the game is fundamentally unfair, which would be obvious to everyone if we were talking about football, soccer or playing a board game. …
By Gene Quinn 1 year ago 28

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 …
By Manny Schecter 1 year 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 …
By Gene Quinn 1 year 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 …
By Gene Quinn 1 year 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 …
By Robert Stoll 1 year ago 15