Posts Tagged: software patents


Federal Circuit Provides Additional Insight on §101 Protections for Software Patents

In a September 13, 2016 decision relating to subject matter eligibility of software patents under 35 U.S.C. § 101, the Federal Circuit vacated the district court’s order granting Defendants’ …

More software patent eligible, Federal Circuit says lip synchronization not abstract

It is hard to ignore the fact that the Federal Circuit again continued to point out that the innovation at issued was an improvement. This should give …
By Gene Quinn
12 days ago 29

Medical software provides life-saving results, not abstract ideas

Those who make the argument that medical software is abstract, or trivial, are just wrong. Medical software has been developed to benefit both patients and medical practitioners …
By Gene Quinn & Steve Brachmann
1 month ago 2

USPTO handling of patent eligibility sparks substantive discussion at PPAC meeting

Bahr explained a number of things, including the reason the USPTO has not updated patent eligibility guidance to address the pro-patent decision of the Federal Circuit in …
By Gene Quinn
1 month ago 60

Why Removing Section 101 Won’t be Enough

Removing section 101 would remove the language granting patents only to processes, machines, manufactures, compositions of matter, or new and useful improvements thereof. These categories however have only …
By Daniel Cole
2 months ago 52

Using a European technical effect approach to software patent-eligibility

Unlike Judge Chen’s breadth-based approach, Judge Hughes appears to adopt the proposal of using the European technical effect ( or “technological arts”) analysis to determine whether a …
By John M. Rogitz
2 months ago 3

Using narrow claim breadth as a sign of software patent-eligibility

In two cases written by Judge Chen (DDR Holdings, LLC v. Hotels.com L.P., 2013-1505 (Chen, Wallach, Meyer (dissent) and Bascom Global Internet Services, Inc., v. …
By John M. Rogitz
2 months ago 7

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
2 months ago 64

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
2 months ago 79

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
2 months ago 107

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
3 months 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
3 months 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
4 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
4 months ago 6