Posts Tagged: patentable subject matter


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 8 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 9 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 9 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 10 months 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 11 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 …
By Gene Quinn 11 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 …
By Gene Quinn 11 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 …
By Robert Stoll 11 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. …
By Gene Quinn 11 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 …
By Gene Quinn 11 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 …
By Gene Quinn 12 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 …
By Gene Quinn 12 months ago 5