Posts Tagged: patent eligibility


Comments on USPTO Patent Eligibility Study Reveal Stark Contrast in Viewpoints of Some U.S. Patent Stakeholders

Friday, October 15, marked the final day of the public comment period for the U.S. Patent and Trademark Office’s patent eligibility jurisprudence study. By the close …
By Steve Brachmann
48 minutes ago 0

An Ax(le) Needs Grinding: Can the Federal Circuit Turn the Wheel?

I recently opened a Bordeaux and re-read the petition for certiorari in American Axle v. Neapco. Not because I like watching horror films or black-and-white footage of …
By Meredith Addy
2 days ago 8

CareDx v. Natera: The Latest in Patent Eligibility of Medical Diagnostics

The latest ruling involving patent eligibility of medical diagnostics comes from Chief Judge Connolly of the United States District Court for the District of Delaware in a …
By Scott Bluni
6 days ago 0

Employing a Trademark Test to Determine When a Patent is ‘Directed To’ a Section 101 Judicial Exception

Under U.S. trademark law and court precedent, determining whether there is a likelihood of confusion involves weighing a number of factors (13 factors to be exact), known …
By Wayne Reinke
13 days ago 12

Reyna Concurs in CAFC Reversal of Ineligibility Holding, But Blasts Majority’s Approach to Alice

The U.S. Court of Appeals for the Federal Circuit (CAFC) today reversed a district court decision that patent claims directed to an “authentication method” were ineligible …
By Eileen McDermott
15 days ago 11

IPWatchdog LIVE ‘Jurassic Patents’ Panel Explores Patenting Challenges for Life Sciences Innovation

On the final day of IPWatchdog LIVE last week, a panel titled “Jurassic Patents: Genetic Engineering and the Future of Life Science Innovation,” moderated by president and …
By Nancy Braman
28 days ago 11

A Kinder, Gentler ‘Death Squad’: Ten Years in, Despite Some Reforms, the USPTO is Still Killing U.S. Patents

Now that the 10th anniversary of the America Invents Act (AIA) has passed, we can look back not only at the past decade, but also the reactions …
By Gene Quinn
30 days ago 29

IPWatchdog LIVE Panel Asks if Federal Circuit is Killing Software Patents and Answers Definitively, ‘Yes’

On Day 2 of IPWatchdog LIVE, a lively morning panel was convened on the subject of “Is the Federal Circuit Killing Software Patents?” Though that question was answered …
By Steve Brachmann
1 month ago 25

It’s All in the Hardware: Overcoming 101 Rejections in Computer Networking Technology Classes

Technologies such as computer networking, which, unlike software inventions, typically incorporate at least some hardware elements, may be less vulnerable to rejection under the U.S. Supreme …
By Yvonne Morris
2 months ago 17

The U.S. Patent System and Quantum Cryptography: An Awkward Relationship

Quantum computing continues to gain traction as an emerging technology, with potentially far-reaching and dangerous applications in the United States and worldwide. However, there are some applications …
By Theodore Rand
2 months ago 10

In Win For Google, CAFC Holds Patentees May Not Bend Claim Terms to Fit Their Needs

On August 26, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the United States District Court for the District of Delaware, …
By Logan Murr
2 months ago 1

Federal Circuit Affirms 101 Invalidation of Secure Transaction System Patents in Victory for Apple and Visa

On Thursday, August 26, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Universal Secure Registry LLC v. Apple Inc. in which …
By Steve Brachmann
2 months ago 17

In First Half of 2021, 63% of U.S. Patents, 48.9% at EPO and 40.1% in China Were Software-Related

As an update to my posts from 2017, 2019, 2020, and March 2021, it has now been 86 months since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision. …
By Raymond Millien & Yi Chen
2 months ago 9

Drafting AI Patents: Challenges and Solutions

Artificial Intelligence (AI) is the latest buzzword across all sectors. Every tech and non-tech company is vigorously filing, strategizing or planning to enter the AI patent domain. …
By Aastha Uppal
2 months ago 3

Federal Circuit Kills PersonalWeb’s ‘Content-Based Identifier’ Patent Claims Under 101

The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a decision of the United States District Court for the Northern District of California …
By Eileen McDermott
2 months ago 15