Posts Tagged: patent eligible


Request for Amici: Tell the Supreme Court to Clarify Section 101

On March 8, Foster Pepper filed a petition for certiorari with the Supreme Court, case number 18-1199, challenging the Federal Circuit’s emerging “physical realm” test as part …
By Bill Abrams & Rich Black
20 days ago 13

Recent Cases Show Federal Circuit Is Concerned About ‘Over Abstracting’ Rejections of Method/ Process Patents

In one of its latest opinions attempting to parse precedent on the subject matter eligibility of software, method of use, and business method patents that arguably involve …
By Dr. Dariush Adli
20 days ago 1

How the EPO and USPTO Guidance Will Help Shape the Examination of Artificial Intelligence Inventions

It is safe to say that Artificial intelligence (AI) and Machine Learning (ML) are hot topics and, as with any rapidly growing technological area on the industry …
By Robert Tarcu
20 days ago 7

‘Bad Patents’ Are Just Another Big Tech False Narrative

Over the last 15 years, Congress, the courts and the USPTO have gutted the patent system. Fortunately, USPTO Director Andrei Iancu has been taking important steps to reverse …
By Paul Morinville
24 days ago 26

America’s Patent System Favors the Few and Inhibits Innovation—But Change Could Be Coming

There is little doubt that the way intellectual property is viewed and protected has transformed over the last 12 years, at least in the eyes of those who …
By Gene Quinn
24 days ago 17

Patent Masters’ Warning: U.S. Patents Are Weak, Innovation Is Going Overseas

IPWatchdog’s most recent Patent Masters™ Symposium, held Monday and Tuesday March 25-26 in Washington, D.C., examined the state of the U.S. patent system and …
By Eileen McDermott
25 days ago 7

AI Patents Make a Comeback at USPTO, Finance Patents Are Still Struggling

Artificial Intelligence (AI) patents have made a strong comeback under the new 2019 Revised Patent Subject Matter Eligibility Guidance. As the first graph above shows, allowances per office …
By Mark Nowotarski
27 days ago 17

Federal Circuit Reverses Patent Ineligibility Finding at Pleading Stage in Natural Alternatives

In Natural Alternatives Int'l, Inc. v. Creative Compounds, LLC, the Federal Circuit reversed the decision of the United States District Court for the Southern District of California, …

What the PTAB’s Precedential Decisions on Live Testimony and Substitute Claims Mean for PTAB Litigation

On Monday, March 18, 2019, the Patent Trial and Appeal Board (PTAB) designated three decisions as precedential. Two of the three decisions—K40 Electronics LLC v. Escort Inc. (“K40 …
By Apurv Gaurav
29 days ago 3

Other Barks & Bites for Friday, March 22: Vanda Action at Supreme Court, Apple Has to Pay, and Senators Express Concerns Over Fourth Estate

This week in Other Barks & Bites: the Supreme Court asks for the U.S. Solicitor General’s view on whether patents that claim a method of medically …
By IPWatchdog
1 month ago 0

Alice is Due for Reversal: Science Proves Its Reasoning Unsound

Since the 2014 Supreme Court decision in Alice v. CLS Bank International, patent claims including software have faced a much higher barrier for receiving patents than any other …
By David Reardon & Gene Quinn
1 month ago 12

Senate IP Subcommittee Hears Testimony from Iancu, Debates Hot-Button IP Issues

On the afternoon of Wednesday, March 13, the Senate Judiciary Committee’s Subcommittee on Intellectual Property held an oversight hearing of the U.S. Patent and Trademark Office …
By Steve Brachmann
1 month ago 0

Congressman Steve Stivers on the STRONGER Patents ACT, USPTO Reforms, and the State of U.S. Innovation

Representative Steve Stivers (R-OH) and Representative Bill Foster (D-IL) introduced the Support Technology & Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act, which would …
By Gene Quinn
1 month ago 16

Don’t Give Up: Section 101 Allowances Are Up at USPTO

The data shows that Section 101 allowances at the USPTO are on the rise after a long period of decline, but the 101 situation still remains “alarming,” said panelists …
By Eileen McDermott
1 month ago 2

Up and Running: Senate IP Subcommittee Debates USPTO Oversight After Setting Ambitious Agenda in February

Today, March 13, the Senate Subcommittee on Intellectual Property met to discuss “Oversight of the United States Patent and Trademark Office,” with USPTO Director Andrei Iancu as the …
By IPWatchdog
1 month ago 2