Posts Tagged: 101 guidelines
Revised Patent Eligibility Guidance Effectively Defines What is an Abstract Idea
In essence, by narrowly identifying certain subject matter groups as being those that properly qualify for characterization as abstract ideas the USPTO is effectively defining what is …
What is Director Iancu Proposing the USPTO do for §101 Analysis?
Director of the U.S. Patent and Trademark Office Andrei Iancu made some interesting remarks yesterday at the Intellectual Property Owners Association Annual Meeting in Chicago on …
USPTO begins process for finding new leadership at the PTAB
Just days prior to our interview an announcement was made that PTAB Chief Judge David Ruschke would be stepping down and assuming new responsibilities. "At the PTAB, …
Iancu: More 101 Guidance and PTAB Reforms Coming Soon
Repeatedly during his remarks and the question and answer period, Director Iancu explained that there will be more to come from the USPTO on patent eligibility and …
Berkheimer, the Administrative Procedure Act, and PTO Motions to Vacate PTAB § 101 Decisions
After several years in which the U.S. Patent and Trademark Office (PTO) did not seem to have an official position on the issue, and many Patent …
Blockchain Patenting Strategies in view of the Berkheimer Decision
The same factual analysis required in Berkheimer under step 2B should apply to fundamental economic practice analysis of claims under step 2A. The questions have similar factual …
Director Iancu worries current state of Section 101 ‘weakens the robustness of our IP system’
Director Iancu: "But for our purposes what I know for a fact is that in order to incentivize American innovation whether it’s artificial intelligence, DNA processing, …
USPTO issues new memorandum on software eligibility in light of McRo, BASCOM
Earlier today the United States Patent and Trademark Office issued a new memorandum to patent examiners on recent software patent eligibility decisions from the Federal Circuit. The …
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 …
USPTO Provides Updates to Patent Subject Matter Eligibility Guidance
On its face, the new guidance seems to urge examiners to develop well-reasoned, substantive rejections rather than conclusory rejections which provide little basis for applicants to advance …
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 …
Teaching Points from the New USPTO Life Sciences Examples
On May 6, 2016, the U.S. Patent and Trademark Office released new life science examples on subject matter eligibility (Examples 28-32, consecutively numbered after the previously released USPTO …
Polling the Bar: An Unscientific Survey of Our Colleagues on Alice
Earlier this month, attorneys and patent practitioners from all over the nation, and far corners of the globe, descended upon Bethesda, Maryland for the 31st Annual Intellectual …
Using contrasting examples to rein in capricious application of Alice by the patent examining corps
Although categorizing abstract ideas could be helpful, the use of categories expands the risk of overbreadth, especially when the categories have little definition, include sub-categories, and lack …
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 …
