Posts Tagged: inventive concept
The Search for the ‘Inventive Concept’ and Other Snipe Hunts
Everybody in the patent world is talking about the latest atrocity from the Federal Circuit known as the American Axle decision, but few actually appreciate the true …
The Hunt for the Inventive Concept is the Flash of Creative Genius Test by Another Name
Today the flash of creative genius test has reared its ugly head once more, this time as a consideration under a patent eligibility inquiry and 35 U.S.…
Abstractness is not the malleable concept the Supreme Court thinks
If the claim is directed to an abstract idea, then abstractness is an essential property of the claimed subject matter as a whole. As such, a claim …
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 …
Federal Circuit Clarifies Patent Eligibility Under McRO and Enfish
Using new or improved rules applied by a computer may be patent-eligible, and improving the operation of the computer itself may be patent-eligible, but using a computer …
