Posts in Patent Eligibility


Crossing the Chasm: Avoiding and Surviving the PTAB

In 2012, the American Invents Act established three new administrative procedures: post grant review (PGR), inter-partes review (IPR), and covered business method patent (CBM) review. In each of …

How the New USPTO Director Can Impact Patent Subject Matter Eligibility and Post-Patent Grant Challenge Proceedings

As the challenge proceedings and the Patent Trial and Appeal Board mark their fifth anniversary, we should reflect on whether they have achieved their intended purpose. About …
By Manny Schecter
8 days ago 3

New Balance wins largest verdict ever for foreign plaintiff in Chinese trademark suit

This latest victory for a foreign plaintiff asserting intellectual property claims is proof of yet another step down the road leading to a reformed, intellectual property friendly …
By Steve Brachmann
25 days ago 2

Federal Circuit says computer memory system claims patent eligible, not abstract

The majority determined that the patent claims drawn to a computer memory system did not cover an abstract idea and, therefore, the second step of the Alice …
By Gene Quinn
1 month ago 45

Testing a Patent Claim against an Abstract Idea, in Response to 35 USC §101 Rejection

One promising approach is to argue that the claims are directed to a specific technological solution to a specific technological problem, as has been successful in the …
By Christopher Hall
1 month ago 8

US Inventor sets patents on fire as part of PTAB protest at USPTO

Despite going on with the protest after the USPTO denied a use permit application for the event, a source from the event reports that all planned aspects …

The Problem of Reducing Patentability to Novelty

Ironically, judicial decisions on patent eligibility tend to depend on inventiveness, with tests of originality that tend to refer to novelty, reducing the issue of patentability to …
By Neal Solomon
2 months ago 37

Global IP Trends Indicator underscores increasing globalization in patent filing strategies

Among the key findings of the report include the more than 73 percent of respondents filed patents in four or more countries during last year. That was up …
By Steve Brachmann
2 months ago 0

Patent Bar Groups Propose Legislation to Fix Patent Subject Matter Eligibility Problems

Over the past few months, several of the major intellectual property organizations have developed proposed legislative fixes to patent subject matter holdings by the courts. The American …
By Robert Stoll
2 months ago 62

Chinese President Xi Jinping says infringers should be punished and pay a heavy price

“Wrongdoing should be punished more severely so that IP infringers will pay a heavy price,” Xi said. At a time when President Xi is actively moving China’…
By Steve Brachmann & Gene Quinn
2 months ago 10

Thoughts From the Amtrak: Leaps of Faith and the U.S. Patent System

All too often I’m reminded that today’s American patent system is more droit du USPTO than it is the system for the innovative masses as …
By Steve Brachmann
2 months ago 18

House IP Subcommittee holds yet another one-sided hearing on bad patents and patent trolls

House IP subcommittee chair Rep. Darrell Issa (R-CA) led off the hearing by discussing the large number of interests who are often on Capitol Hill to discuss …
By Steve Brachmann
2 months ago 29

$17 million: The real and staggering cost to patent in the US in the PTAB age

At least $17 million. That is what my Bunch O Balloons patent has cost so far. It could grow to $50 million. Yes, we are talking about water balloons, …
By Josh Malone
2 months ago 35

Federal Circuit vacates PTAB final written decision that upheld some Intellectual Ventures patent claims

The Federal Circuit decision proves that there really is no end to the nightmare that patent owners face in trying to uphold the validity of their property …
By Steve Brachmann
2 months ago 15

Supreme Court of Canada rules on Promise Doctrine in favor of Pharma Patent Owners

The Supreme Court of Canada issued a ruling in AstraZeneca Canada Inc. v. Apotex Inc., which gives patent owners a far greater ability to protect their intellectual …
By Steve Brachmann
3 months ago 1