Posts Tagged: software patent


Alice Experts and the Return of Second Pair of Eyes to the PTO

In every art unit examiners confirm that there is an examiner within the Art Unit who is the Alice expert and that examiners have said that even …
By Gene Quinn
8 hours ago 2

The Impotence of the Patent Trial and Appeal Board

What is happening in TC 3600 is prosecution is being re-opened for the purpose of issuing Alice rejections. With the help of readers, so far I’ve found …
By Gene Quinn
7 days ago 77

E-Commerce Art Units: Where Patent Applications Go to Die

Upon closer review things are much, much worse than I previously reported. The problem is also far more widespread. Using LexisNexis Patent Advisor®, I looked at the …
By Gene Quinn
10 days ago 103

What the Patent Office Refuses to Understand

This new post-prosecution pilot program feels a lot like rearranging the chairs on the Titanic. Unless and until the Patent Office does something about recalcitrant patent examiners …
By Gene Quinn
12 days ago 81

Should Section 101 of the Patent Act be Removed

David Kappos, the director of the USPTO under President Obama from 2009 to 2013, recently called for congress to repeal section 101 of the patent act. According to Kappos, the …
By Daniel Cole
1 month ago 39

The Enfish Decision: Some Light at the End of the Tunnel for Software Patents Since Alice?

What makes the Enfish case particularly interesting is that the court found that the software patent at issue was not even an abstract idea. As such, the …

Will SCOTUS take Vehicle Intelligence petition, which calls Alice ‘universal pesticide to kill’ patents?

In March 2016, Vehicle Intelligence filed a petition for writ of certiorari with the Supreme Court arguing that the two-part Alice test is “a universal pesticide to kill …
By Audrey Ogurchak
2 months ago 25

PTAB cites Enfish, refuses to institute Covered Business Method Review on Mirror World patent

Earlier today the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) declined to institute a covered business method (CBM) review …
By Gene Quinn
2 months ago 6

The Business of IP: Choosing Between Patents and Trade Secrets

In the field of Intellectual Property (IP) attorneys have options when counseling clients on how to protect their IP. However, these options remain subject to constant forces …
By Derek Handova
2 months ago 0

Patents For Self-referential Computer Database Are Not Categorically Unpatentable as Abstract

Where the claims are directed to an improvement to computer functionality, they are not abstract under the first step of Alice, and thus no step-two analysis is …

USPTO gives examiner guidance in light of Enfish v. Microsoft

Bahr tells examiners that based on the Federal Circuit ruling they "may determine that a claim direct to improvements in computer-related technology is not direct to an …
By Gene Quinn
2 months ago 45

Federal Circuit says software patent claims not abstract, are patent eligible

From there the Federal Circuit said: ''We do not read Alice to broadly hold that all improvements in computer-related technology are inherently abstract and, therefore, must be …
By Gene Quinn
2 months ago 58

Executable mathematics renders inventions physical! Welcome to the digital age

The use of a mathematical formula in a claim can trigger a 35 USC 101 rejection or invalidation of the patented claim. However, the role of mathematics in physics …
By Peter Lablans
3 months ago 64

What should we do about Alice?

Showing a bowl of spaghetti on one of his first few PowerPoint slides set the tone. The law as it applies to software patent eligibility is a …
By Gene Quinn
3 months ago 26

Federal Circuit guidance is needed because district courts are misapplying Alice

The District Court’s errors in the Broadband iTV decision are a paradigmatic and telling manifestation of certain of the manners in which district courts are misapplying …
By Kelly Mackin
4 months ago 74