Posts Tagged: patent eligibility


A Look at the Data: USPTO Chief Economist Analyzes Effects of Section 101 Guidance on Predictability in New Report

The United States Patent and Trademark Office (USPTO) Chief Economist today released a report, “Adjusting to Alice: USPTO patent examination outcomes after Alice Corp v. CLS Bank …
By Eileen McDermott
1 month ago 9

VoIP-Pal Implores Full CAFC to Review Whether a Rule 12 Motion Based on Section 101 Can Be Decided Before Claim Construction

Last week, VoIP-Pal.com, Inc. filed a combined petition for panel rehearing and rehearing en banc with the U.S. Court of Appeals for the Federal Circuit (…
By IPWatchdog
1 month ago 5

Time to Fix U.S. Innovation Policy to Ensure We’re Prepared for the Next Pandemic

"The COVID-19 crisis has once more highlighted the need for incentivizing investment and innovation—and thus, for patent laws that duly “promote” and protect such “progress,” precisely …
By Gene Quinn
2 months ago 14

Rently Asks Full Federal Circuit to Rehear Lockbox Patent Eligibility Case

Last week, Consumer 2.0, Inc. d/b/a Rently filed a combined petition for panel rehearing and rehearing en banc asking the U.S. Court of Appeals for …
By Rebecca Tapscott
2 months ago 2

A House Divided: Is the PTAB Ignoring the USPTO’s Section 101 Guidance?

The year 2019 was supposed to be when subject matter eligibility examination at the USPTO got better. First, the USPTO published Revised Patent Subject Matter Eligibility Guidance in …
By Nick Transier
2 months ago 11

Pandemics and the Need for U.S. Patent Laws That ‘Promote … Progress’ and Invention: The Federal Circuit, En Banc, Can Fix This

The COVID-19 crisis has once more highlighted the need for incentivizing investment and innovation—and thus, for patent laws that duly “promote” and protect such “progress,” precisely …

Study Suggests Individuals and Startups More Likely to Face Invalidity Under Alice

To the surprise of Lemley and Zyontz, their study uncovered a striking disparate treatment in the way federal courts handle patent eligibility matters based on entity size, …
By Gene Quinn & Rebecca Tapscott
2 months ago 14

How Misaligned Incentives Are Now Killing Us

Today, like so much of the rest of the world, the United States is faced with many shortages due to the coronavirus pandemic, including personal protective equipment, …
By Andrew Berks & Gene Quinn
2 months ago 19

Focusing on the Details: What Two Recent USPTO Matters Can Teach Us About Patentability Analyses

Two matters currently pending before the United States Patent and Trademark Office illustrate the consequences of focusing upon details of a claim rather than upon the claimed …
By Daniel Hanson
2 months ago 3

CAFC Holds Sequenom’s Prenatal DNA Patent Claims Eligible Under 101

The U.S. Court of Appeals for the Federal Circuit (CAFC) has reversed a district court decision finding certain claims of two patents covering prenatal DNA testing …
By Eileen McDermott
3 months ago 12

Consumer 2.0 v. Tenant: CAFC Skirts Another 101 Analysis with Rule 36

Last week, the U.S. Court of Appeals for the Federal Circuit issued a Rule 36 judgment in a patent eligibility case, Consumer 2.0, Inc. v. Tenant Turner, Inc., …

Judge Paul Michel to Patent Masters Attendees: It’s Time to Wake Up to Preserve Our Patent System

Retired Chief Judge of the U.S. Court of Appeals for the Federal Circuit Paul Michel told registrants of IPWatchdog’s Virtual Patent Masters program taking place …
By Eileen McDermott
3 months ago 14

Federal Circuit Affirms Board Finding That Customedia Patents Are Directed to an Abstract Idea

The United States Court of Appeals for the Federal Circuit recently ruled on a Patent Trial and Appeal Board (Board) Covered Business Method (CBM) Decision, affirming the …

Function and Structure in Computers: A Stakeholder’s View

As an independent inventor, I am greatly concerned about the new proposed Section 112(f) wording related to “functional claiming” that was put forward as part of the …
By Peter Lablans
3 months ago 40

Lessons of Wisdom Following Athena SCOTUS Denial and October 2019 Patent Eligibility Guidance Update

This article relates to key practice pointers for making a claim patent-eligible subject matter according to the U.S. Patent and Trademark Office’s (USPTO’s) October 2019 …
By Jay S. Pattumudi
4 months ago 12