Posts Tagged: patentable subject matter


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 8 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 8 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 9 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 9 months ago 4

The Mayo Framework Does Not Moot Preemption

While Mayo and Alice presented a two-part "framework" to address when a particular claimed invention preempts a "fundamental principle," neither case purported to have that framework replace …
By Irena Royzman & Alicia Russo 9 months ago 3

Ariosa v. Sequenom: Petitioning the Federal Circuit to Reverse Course on Patent Eligibility

This is a really important question both with respect to biologics and other interventions and also as the Federal Circuit does work with the Supreme Court’s …
By Gene Quinn 9 months ago 36

Picking winners and losers based on innovation design is unsound, unwise, and just plain stupid

On some basic level everything can be characterized as an idea. It is also all too easy for those who are not technically trained to believe, no …
By Gene Quinn 9 months ago 6

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 9 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 9 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 10 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 10 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 10 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 11 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 11 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 1 year ago 79